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Home My WebLink About05-0518 ~ "MMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM J. :l7-o'; DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 05- 51 r C~ ~~ 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. c COCKE No Cv- DD00355-0+ This block will be signed ONLY when this notation is required under Pa. 1001(6} in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a Oistdct 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 ONt 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 appellee. PRAECIPE: To Prothonotary Enter rule upon 8ft ~c.t \0'" 4-tJ~~.~.!s! L c (Common Pleas No. 1)5 - 51 t C~.; Iluln ) within twenty (20) days after appellee(s), to file a complaint in this appeal eorsuffer~.r."'// J "C-<.- rr~ RULE: TO~+rtc-~1er /Jt;e:nc.., Name of appall . It'IC . appellee(s) I CArlS WS;gn8~ of appel/ant o~ attorney or agent , rt3-.l"nSI (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 01 service of this rule upon you by personal service or by certified or registered mail. (2) II you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date 01 service 01 this rule if service was by maii ;s the date 01 the mailing. Date: 1/2-7 ,20 /)S 0'1" C~ ~ Signature of Prothonotary or Deputy M YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COUR1 FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof 01 service MUST BE FILED WITHIN TEN (10) DAYS AFTER liling olthe notice 01 appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; S5 AFFIDAVIT: I hereby (swear) (affirm) that I served o a copy of the Notice ot Appeal, Common Pleas No. , upon the District Justice deSignated therein on (date 01 service) ,20 o by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , 20 0 by personai service . on o by (certified) (registered) mail. sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 _.,,_._,,-_...__.~,",_.._-",-,"._--,,"~._,-,~-_.,~,.._--_.----- SignatuffJ of affiant SigniJlure of oftk;ial before whom affidavit was maoo Title at official My commission expires an ,20 () "" c: = ~ "'" $: c.ro ~ 1)'" ~ :r:;!J 5J}i~r ~ ;; ;e mFr; ~ 0.) I'\) -" ~(". " :06 0 ...... I> ." :2 "T ~ ~ ~~r~::' ::ll; b:n ~ .. )>c '::> aM c> .2: l-' ~ =< <.n j;! ...., W en "" -< ~ AOPC 312A. 02 .._~----,-~.._,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-03 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'sTRICKLER AGENCY, INC. I C/O P.O.BOX 162 CLIFTON HEIGHTS, PA 19018 L ~ VS. Mag, Disl. No.: OJ Name: Hon, Address' SUSAN K. DAY 229 M,ILL ST, BOX 167 MT, OOLLY SPRINGS, PA ;~ DEFENDANT: NAME and ADDRESS IrNDEPENDENT AUTO PARTS, INC. 8 MOOREDALE RD. CARLISLE, PA 17013 L I r , c.\ T"'pM", (717) 486-7672 , 17065 Jifo-C-)'76 ( .t~b.l-~ W,NDEPENDENT AUTO PARTS, INC. . MOOREDALE RD. LISLE, PA'17013 Docket No.: CV- 0000355 - 04 Date Filed: 11/'05/04 ~ . -\\ l '7 QJIS TO NOTIFY YOU THAT: . Judgment' nRFAULT JtIDGMv.N'I' PLTF [i] [i] Judgment was entered for: (Name) !'lTRTr'"R"T.F.R l\~F.1\Tr'V TNC' . Judgment was entered against' (Name) TNnF.PF.NnRNT lIUTO PlIRT!'l TNC' in the amount of $ 1 R7l R1 on: (Date of Judgment) 1 ?/?R/04 . . o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to Attachment/42 Pa.C.S. 9 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1.784.43 Judgment Costs $ 89.38 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1. 873 . 81 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PART\'HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.cYOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRAN!iCRIPT FORM WITH YOUR'NOTI~OF APPEAl. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. , 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR;PAYS)!'l FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.' " - .. i 12. -tS'-OSlDate ...,'H~,",~., ..;~" "li" :".~"" .' > ~ \.\ ". ~ "'U:;~.")._ '. -."','" .~~,'" - ., District-Ju~tice'.., .....', ^ '" -~ ............. :... ...... . ,,' proceedings contaihi.ng the,judgm:=nt: ....,......," ). , -: . ,Dis;trict Ju~t;te ,/ . ....... I certify that this is a true" nd correct copy of the reco, d of th Date ,,----"1 ril1y commission expires first Monday of January, 2010 SEA~ AOPC 315-03 DATE PRINTED: 12/29/04 9:18:09 AM "--.-._.-.-,---._"..," ~-..',-,~._..,-'..-.---_.._--._, "-,~ ~,.-,...~"......".--<"""~.~._.~-~....-...'~,.'~,.........,.".............'.''''<--......,..,.-....-~.~.~,...,.......",~.;'~"_.~--."...,.....----.-.-~~...~-_.. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE 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 District Justice on the date and in the case referenced below. NAME Of APPELLANT ~-1' -, : .~J f'- () t' ;"t,::"(,-", f""; ? I\.OQRESS 0 APPEllANT .' ~-.. ... tV) ;.1.,( ~~>~ ATE Of JU~G~ENT ( . "I" ,"'-I ... .. r~ . .' " OOCKE No eo ,', , 'I " ~.lf'( MAG. OIST. NO. , ,.J NAME OF D.J. .:,U. :-..t 1-" , ' ....". ,'"'- .' CITY I" \, ,'..., . STATE ,I" , 1-.., , I J! ZIP CODE \, " .,~ , ...., \.... ,_, i --.\ ' v , i , i' t) i ) (Defafldant)' .' . -' ,.,-.~ (SIGNATURE ~t:L~;t~ ~~~~'~~~~:~:Gt~/, } L~: f,l i "1,1'--'1 ..,t.. l"~ ' IN:U'II~.CASE OF (P in/iff) '.h' ii t' . DA/ , r' ... 1"- '"( ~ I' !.'/'"'1 tHi C\, ... -..1 ./( /~( If appelfant was Claimant ,.r.~v',j?::_ , (see Pa. R.C.P.D.J. No. 1001(6) in action -'-''1''- This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B, This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case, before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. SignaturaofProthonotaryorDeputy 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.f'.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 /\ '--r',." it c~ e..{i c.\/ ....j...J ~ ~ Jme of appe6eefs) .' I.. 1 I .Ter t!'\ ) within twenty (20) days after sef..jce'~"r~ie or suffer entry of ~ment of non,pf'ps. /. ......., appellee(s), to file a complaint in this appeal ")i l Enter rule upon . ;:'1, (. ,~ \'( r l": r' ('I (Common Pleas No. ( .-~ { u e_"'" '. , ((;( tr~) (.. t.,.."..... />-, RULE: To " \ ( l' '" ,A- ,ai" I"~ p' . if.. " ~.....'!1...<,V: <. \'-f Name of appel/eed) ;; -r _.l.-.{It' , appellee(s) . h.' ;"' ,;- i .. ,Ai flv SignatJg6 of appeUant or attorney or agent /' .. 0. ,.. I i :',~ i (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenly (ZP) 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 service of this rule if service was by mail is the date of the mailing. I Date: / / .20 I' i "('f , SigrJ'atllmOf Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCFUPT FORM WITH THIS NOTICE OF APPEAL. ""\ Aope 312.02 COURT FILE 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/he notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu.1liI1?~ 1(\.1\,,( ISS AFFIDAVIT: I hereby (swear) (affirm) that t served '- . - . C~j..,';L- -reili\1. a copy of the Notice of Appeal, Common Pleas No.Df; " 5', r ' upon the District Justice designated therOIn on (dale of service) ,fl.'?' ,20 tt; 1i;;}'/bY personal service ~certifled) (registered) mali, sender's receipt attached hereto, and upon the appellee, (name)s:tt,'vt~Ac, > . I :e", L.. ,on Il"'1j-/ ,20 0[, 0 by personal service l3:Vby (certiM~stered) m~J' /\ I" ; sender's receipt dtached hereto, /,- ~I// ( l./ . . " / / (/..-. ,r' ,'-(~/ - " r J ". P---,-'::--.~'~-~----,--~-,---""----~~,:,~_,_---------::-,--- Slgnaturo of effli')n! o (SWO~~1 (AFFIRMED) AN~,CfR Ril"BED, B, EFORE..l>.1E r\.Hlfi 1..i'H/'- DAY - Ir"tJ.,\QJ~. 2CO j ,/ I , U 1 V ' bcL~/ ,20~ My commission expires on NOTARIAL SEAL CLAUDIA A BREWBAKER, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 "'-'-~'~--""-" --^" AOPC 312A. 02 e"'-.,;,. '.:'-:"', ~:;;:: ~i'; ..,., f"l"l (X;! ['\0 C) t.....i webslte at www.usps.co flestll:tedlie ), ".'\1"" (End<1l ;emor;\! {, WI.:!; I li:ltEll Posragt 1: F(;~~ t'i:.', ! I." 't, t~ n~ \ USe "'~~ /"m.~,....1 ~g>1G:>' . 'Wiil ! He", 2/! \. 2fJO:i 01l28/201lf'" ::r CI ;;To - .. -.."--' -- 'H' ... ... ~ :::..:>~.. r~. '.() :...I.!. :..I?1.f.e..t.!..!.Ll...m ~;~:~~~~\~\~~~l\ Certified Mail Provides: . A mailing receipt (;)S)i3Il8t/) <:'OW ,mr 'ooge U.U(}::j Sc . A unique identifier for your mailpiece . A record at delivery kept by the Postal Service for two yeal' fmportant Remjnders: . Certified Mail may ONLY be combloed with First-Class Ma,-,,; or Priority M3i/@ . Certified Mail is not available for any class of international .I.ail . NO INSURANCE COVERAGE IS PROVIDED with C "lifie(j Mail For valuables, please consider Insured or Registered Mail. . For at:additional tee, a Return Receipt may be requested IUJfovide proof of delivery. To obtain Return Receipt servIce, please complete drl attach a Return Receipt (PS Form 3811) to the article and add applicable postage taeaver the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USP~ postmark. on your Certified Mall receipt is reqUIred. . For an additional tee, delivery may be restricted to lhe addressee or addressee's authoriz.ed agent. Advise the clerk or mark the maUpiece with the endorsement dRestncredDelivery". . !I a postmark on the Certified Mail receipt is desired, p!ea~e present the arti- de at the post office for postmarking. If a postmark 0[1 the Certified Mall receipt is not rJpeded, detach and aflix label with postagf' and mail IMPORTANT: Save this receipt and present it when making an inquitv. Internet access to delivery information is not available on mail addressed to APOs and FPOs. Plaintifl IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STRICKLER AGENCY, INC. v. : NO. 05-5]8 INDEPENDENT AUTO PARTS, INC. Defendant CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 filing in writing with the coul1 your defenses or objections tothe claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment 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 property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, 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 \i\AY 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 ASSOCIA nON TWO LIBERTY A VENUE CARLISLE PA 17013 (717) 249-3 t 66 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STRICKLER AGENCY, INC. v. NO. 05-5 J 8 INDEPENDENT AUTO PARTS, INC. Defendant CIVIL DIVISION - LAW COMPLAINT The Plaintiff, STR1CKLER AGENCY, INC, by its attorneys, KNUPP, KODAK & IMBLUM, P.c., brings this action ofAssumpsitagainstthe Defendant to recoverthe sum of ONE THOUSAND, EIGHT HUNDRED SEVENTY -THREE DOLLARS AND EIGHTY -ONE CENTS ($] ,873.81), along with cost of this suit and interest thereon from December 28, 2004 upon a cause of action of which the following is a statement: J. The Plaintiff, STRICKLER AGENCY, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania. having its principal office and place of business at 95 Alexander Spring Road, Carlisle, Pennsylvania J 70 13. 2. The Defendant, INDEPENDENT AUTO PARTS, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 8 Mooredale Road. Carlisle, Cumberland County, Pennsylvania 31237. 3. Plaintiff, at Defendant's request, did provide Workers Compensation Insurance for the benefit of Defendant j,)r policy year 2002-2003. 4. Plaintiff, at Defendant's request. did provide Businessowners Insurance, Auto Insurance, Umbrella Insurance and Workers Compensation Insurance for the benefit of Defendant for policy year 2003-2004. F:\tJSFR\STACY\CCP COMPLAINTS\WORK\] !237.wpd: 14Feb05 5. The prices charged for said insurance coverages provided were just and reasonable, were the legal and market prices therefor, and were the prices which the Defendant promised and agreed to pay Plaintifftherefor. 6. All payments. credits and cancellations were applied to Detl,ndant's Account, per Plaintiff's Statement of Account hereto attached, marked Exhibit"A" and made a part hereof leaving a balance due and owing in the amount of One Thousand, Seven Hundred Eighty-Four Dollars and Forty-Three Cents ($1,784.43). 7. Due to Defendant's neglect and refusal to pay the account as aforesaid, Plaintiff was forced to seek remedy in the lower Court thereby incurring costs in the amount of Eighty- Nine Dollars and Thirty-Eight Cents ($89.38), for which Defendant is further liable. 8. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof WHEREFORE, Plaintiff brings this suit to recover li'om Defendant the sum of ONE THOUSAND, EIGHT HUNDRED SEVENTY-THREE DOLLARS AND EIGHTY-ONE CENTS ($],873.81), along with cost of this suit and interest thereon Irom December 28, 2004. Respectfully submitted, KN~~~ -'-" Robert D. Kodak 407 North Front Street Post Office Box # 11848 Harrisburg, P A 17108-1848 (717) 238-7159 Attorney ID No. ] 8041 Attorney for Plaintiff rVISLR\STACY\CCP COMPIAINTS\WORK\31237.wpd.14Fcb05 2 Fe8, 2. 2005 3:52PM ((~r?~ ~Q) POLICY lIueln..eownerw 2003-aGCl4 Auto 2003-2004 Umbrella 20030204 Work.1'II Comp 200302004 Workers C;omp 2002-2003 SUMMARY OF CHARGES: PAYMI!NT8: 111I""'_r"J;;""'C;~ I " 8 Moore Carlllle, I"""" ....1....... laRoa 1701 i 1or:s . 9 din 0 Maret I OTAL eUSINE;SSO AUTO UMBRELLA WORKERS C P 03. WOFlKEFlS C P 02. ~ TOTAL ALL P UClE I Ck j28QQ 311 3 Ck#311SS/16 3 Ck #314fi7/1 3 Ck#3264 8M 3 Ok lII:lS3! 8/21 4 TOTAL PAYM T8 , I I I 'I ACCOUNT remlum N0.6768 P, 5 517, 2ll ,0 25 .0 rlor ear Audit L ,1sa.00 2 ,947.00 .255.00 ,268.00 503,00 S 159.00 , 1 ,047.00 ,049,00 ,037,50 ,429.23 .811.82 3 ,314.n 84.43 I; 7!'t '1:1 VERIFICATION ROBERT D. KODAK, ESQUIRE, verifies that he is the attorney and agent for the PlaintifIherein, that the Plaintiff's verification cannot be obtained within the time allowed for the filing ofthis pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. ~,/ /~~' ROBERT D. KODAK, ESQUIRE ---- Dated: 2-1/ if! () J/"' r:\lJSJ.:!{\STACY\CCP COMPLAINTS\WORK\:; 12J7.\vpd: 14Feb05 ---- ~ ..... ~ - 4S' -p -;: ~ '"1) :; - ~ - - STRICKLER AGENCY, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5 I 8 INDEPENDENT AUTO PARTS. INC. Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I. ROBERT D. KODAK, ESQUIRE, hcreby certify that on February 23, 2005, I served a true and correct copy of the Complaint in the above-captioned matter upon the below listed individual(s) hy causing same to be deposited in the United States mail. first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania. addressed as follows: INDEPENDENT AUTO PARTS INC 8 MOORED ALE ROAD CARLISLE PA 17013 KNUPP, KODAK & 1M BLUM, P.c. /J::7 .~... Robert D. Kodak 407 North Front Street Post Officc Box 11848 Harrisburg. [> A 17108-1848 (717) 238-7151 Attorney I.D. No. ]8041 Attorney for Plaintiff Dated: )' /110.;-- ! t-.'" ,::;:,:, c::, CIl - ~.", ~ ~" :='i\ I r"": --0 :).;.: (--:'? CJ,) STRICKLER AGENCY, INC. PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-518 INDEPENDENT AUTO PARTS, INC. DEFENDANT CIVIL DIVISION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled and discontinued with prejudice. TO: Cumberland County Prothonotary Dated: Seotember 2.2005 ~ Robert D. Kodak Attorney 1.0. No. 18041 Attorney for Plaintiff 50'<&:~ (") r- ...., c.;:> => en U~ "T'j -c 1 G~ ~ -< :r: rn~ ~S~ ~r~ ::.,-1 0> ~.D .< '- -,.~ ~- W \D