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HomeMy WebLinkAbout05-0939COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0,5"- 9 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. i_F >( 17?L? 0 q- t - 2 R o1 ?r i/. C1cLn10 re- ADDRESS OF APPELLANT CRY STATE ZIP CODE boo S . EAO(w C70 )I-s ?-J - a.OOJ [ W C--i Z C-ff ERVI- cy -00m q87-0y- 14 I-P X -0 e was 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 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 ofP horefary a 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon r4t.,\= ){ Name appellee(s), to file a complaint in this appeal (Common Pleas No. 9c_7 4 )within twenty (20) days after service of rule or suffer of judgment of non pros. Signature o/appellant or ahomey or agent RULE: To ?. ("? R I L W lS W- J, , 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: /a 20 W - t I Signature oVothonatery or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT 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) DAYS AFTER filing of the notice of appeal. Check applicable boxes.} COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;as AFFIDAVIT; I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 .... Signatur© ofotflclel before whom affidavit was made My commission expires on 20 ADPC a12A - 02 6 d\ w Signature of offiani c) -ii iv -7 1 ? G I S ?? I ?"'U y r ??- COMMONWEALTH OF PENNSYLVANIA f'nl INTY nF CUMBERLAND Mad. Disi. No.' 09-1-02 DJ Name. Hon. ROBERT V. MANLOVE Address' 1901 STATE ST CAMP HILL, PA Telephone (717 ) 761-0583 17011-0000 ALEX DELAY 600 S ENOLA RD ENOLA, PA 17025 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS WEISS, CHERYL 5145 E TRINDLE RD APT/STE C MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS rDELAY, ALEX 600 S ENOLA RD ENOLA, PA 17025 L J DocketNo.: CV-0000487-04 Date Filed: 10/13/04 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT.ATNTTFF 7X Judgment was entered for: (Name) mRTgq, rHRRVT lil Judgment was entered against: (Name) nFLAY, AT Fx in the amount of $ 476 - 5() on ? Defendants are jointly and severally liable. Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 112 S 105 (Date & Time) Amount of Judgment $ 419.00 Judgment Costs $ 57.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 476.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE 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 IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Justice i cer}pfy that this is a true and correct py t/he rcdrdpfi th(?roceedings contalnlt?gIhe judgment. F k r' I 'T Date ,/ / a?? District Justice My commission expires first Monday of January, 2006 . AOPC 315-03 DATE PRINTED: 1/25/05 11:48:25 AM V =,.SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (rnis proof of service MUST BE PILED WITHIN TEN (JO) DAYS AF?'ER thing of the notice of apaeai. ChecL ppticable boxes.! f? CONIIAONWFA-TH =DF PENNSYLVANIAN COUNTY OF - ; so AFFIDAVIT ) hureb} (swear) a Inn) that I served t'tG' a copy of the Notice of Appeal, Common Pleas No upon the Distr Justice deson n 1 therem on (d `fie of service) s ] ?... 21)6f-, I by personai service [ y !cer died? , e y Aered) mad, sender's receipt attached hereto, and upon the apperee, (name) on 20 ? by personal service ? k_rv ;cerr4t oo} (rep rF edf rrali. sender's receipt attached hereto. (SWORN) A,Ft- RMi'-r71 ANDy?UBSCRIBED BEFORE ME THtS•(RDI?V`rF/'.?csVll,t 2p/(j?# _ If SKM?kr'? of -Iffar'l ,r Oil o7rT ???...///------ eson ..........?,/ .....,. 20 ,., '.. )fir I w AOPC 312A - 02 Cheryl Weiss, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION- [LAW] Alex Delay, NO.2005CV0000487-04 Defendant. OE- L?T?i?? NOTICE 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 attorney and 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 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Services 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 Cheryl Weiss, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION- (LAW] Alex Delay, NO. 2005CV0000487-04 Defendant. NOTICIA Le han demandado a usted on la torte. Si ysted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia excrita o en persona o por abogado y archivar en la torte en forma escrita sus defenses o sus objeciones a las demandas en contra de tomara medidas y puede entrar una orden contra usted sin previo a viso o notificacion, y por cualquier queja o alivio quo es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 Cheryl Weiss IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION- (LAW) Alex Delay NO. 2005CV0000487-04 Defendant, COMPLAINT 1. Plaintiff is Cheryl Weiss, 5145 East Trindle Road Apartment C Mechanicsburg, Pennsylvania 17050. 2. Defendant is Alex Delay, 600 South Enola Road Enola, Pennsylvania 17025. 3. Property rented by Plaintiff is 632 South Enola Road Apartment E Enola, Pennsylvania 17025. 4. April 22, 2003: Plaintiff signed rental property lease with defendant, Alex Delay along with an initial payment of $500. Agreement that rent would be due/paid on the 22"d day of each month. 5. May 22 2003: Rent payment of $500 with an additional $250 towards $1000 security deposit. Total paid = $750 6. June 24, 2003: Rent payment of $500 with an additional $250 towards $1000 security deposit. Total Paid = $750 7. Plaintiff rented above over the course of one year and four months. 8. July 8, 2004: Plaintiff submitted a 60-day notice to vacate the property. 9. August 20, 2004: Plaintiff vacated and thoroughly cleaned above referenced rental property. 10. August 22, 2004: Plaintiff attempted to deliver keys to Defendant. Plaintiff was then notified by co-tenants that Defendant/landlord was out of state on business. Plaintiff was never notified by landlord that he would be inaccessible. 11. September 1, 2004: In order to ensure receipt of keys, plaintiff returned keys directly to Defendant. 12. September 14, 2004: Plaintiff called Defendant requesting the $1000 security deposit. At that time, Defendant commented that he had 30 days to return the deposit and then began to reference how the keys were returned 10 days after the 22"d of the month. 13. September 17, 2004: Plaintiff mailed a letter clarifying the reason why Defendant received keys to the rental property on September 1, 2004. 14. September 27, 2004: Plaintiff received an Explanation of Reimbursement and a check dated for September 25, 2004 in the amount of $531.00 15. October 13, 2004: Plaintiff, Cheryl Weiss filed a civil complaint against Defendant, Alex Delay at District Justice Robert Manlove office. 16. January 25, 2005: 10:30 AM Plaintiff Vs. Defendant at District Court 09-1-02 located at 1901 State Street Camp Hill, Pennsylvania 17011. 17. January 28, 2005: Received Notice of Judgment/Transcript Civil Case from District Justice Manlove office awarding Plaintiff, Cheryl Weiss the amount of $476.50. 18. February 24, 2005: Plaintiff received Notice of Appeal from District Justice Judgment by certified mail. Plaintiff requests judgment in her favor for the $963.38 in addition to costs and fees associated with pursuing this action. O P1.Lu ui ", -- Cheryl Weiss, Pro Se March 13, 2005 VERIFICATION I, Cheryl Weiss state that I have reviewed the foregoing complaint and verify that the facts contained therein are true and correct to the best of my knowledge, information and belief. I further verify that these statements made by me are subject to the penalties of IS Pa.C.S.A. 4904 relating to unsworn falsification to authorities. J Che 1 Weiss March 13, 2005 Certificate of Service I hereby swear and affirm that I served the following document on the following person by first class U.S. mail. Alex Delay 600 South Enola Rd. Enola, PA 17025 Liam Ch yl Weiss March 13, 2005 IM COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 7 y 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. A L- r-- u 0eLa.l V. l`1rxn?Jr@. ADDRESS OF APPELLANT lei (-- . C <_ ^, ? CITY ,',) i • ... STATE ZIP LADE I ?z -1 I -7 DATE OF JUDGMENT IN THE CASE OF (Pl.mtM (DereMeng1 --' -as- LO w?=?? C y -cc, jo ?-;d'7- 07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. f, appellant was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. Slpneture a/RWhmdaryor D.%,W 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon P 4 t: ; -e i ^ g L Cwj appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. = :?! 7.?I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attomey or agent RULE: To hIt k'(? ?tJt. ISJ, 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 Ignature o?PoMonotary or Deputy i ' YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTNRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. rv AOPC 312-02 COPY TO BE SERVED ON APPELLEE PENNSYLVANIA l C 12y L WE1JS CIVIL DIVISION 514f5 E TV ? W DLE RD APT C ???? MWHONiCSP)LI I p/? n(?? File No.oly)( , vS ' RL?X >???? ",S ENOLJ? RD --NiDLR PA i7?zS To: Al r-v -1 iq y Date of Notice: WP 1 L ?7p 2 IMPORTANT NOTICE Pursuant to Pa.R.C.P. No. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLA UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTIC MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU I RIGHT TO SUE THE PLAINTIFF AND THEREBY LOSE PROPERTY OR Ol RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 Signature: f Address: AE r r ? Attorney For: Telephone: 1 Supreme Court ID No.: NOTE: SERVE ON UNREPRESENTED DEFENDANT OR ON ATTORNEY. (JUDGEMENT OF PRO SE) (El ?- O? JT IN THIS CASE. :,AJUDGEMENT AY LOSE YOUR iERIMPORTANT IF YOU DO NOT THE FOLLOWING nC5o 7195) DANTS Certificate of Service I hereby swear and affirm that I served the following document on the fo by first class U.S. mail. Alex Delay 600 South Enola Rd. Enola, PA 17025 Liu Vs eiss person APRIL 6 , 2005 o o6l ' -o m-r, ; r , ID CHERYL WEISS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 CV 00487-04 o?-`fi3`? c, ll ALEX DELAY, DEFENDANT CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Alex Delay, by and through his attorney, Thomas D. Gould, and files the following objections to plaintiff's complaint for failure of a pleading to conform to law or rule or inclusion of scandalous or impertinent matter as follows: 1. Plaintiff alleges in paragraph 4 that she signed a rental property lease, in violation of Pa.R.C.P. No. 1019(1) she failed to attach a copy of the lease. 2. Plaintiff alleges in paragraph 8 that she submitted a 60- day notice to vacate the property, in violation of Pa.R.C.P. No. 1019(1) she failed to attach a copy of the 60-day notice. 3. Plaintiff alleges in paragraph 13 that she mailed a letter, in violation of Pa. R.C.P Rule 1019(i) she failed to attach a copy of the letter. 4. Plaintiff alleges in paragraph 14 that she received an Explanation of Reimbursement, in violation of Pa. R.C.P Rule 1019(i) she failed to attach a copy of the Explanation. 5. Plaintiff alleges in paragraph 17 that she received Notice of Judgment from District Justice Manlove that awarded her $476.50, the inclusion of this information in the complaint is impertinent and is not relevant to this de novo appeal and must be stricken. WHEREFORE plaintiff's complaint should be dismissed. Respectfully submitted, Thomas D. Gould Attorney for Defendant I.D. 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 CHERYL WEISS, PLAINTIFF V. ALEX DELAY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 CV 00487-04 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this L! ? day of April 2005, I, Thomas D. Gould, Esquire, Attorney for Defendant, Alex delay, hereby certify that I have this day sent a copy of Defendant's Preliminary Objections to Plaintiff's Complaint by depositing a copy of it in the United States mail, postage prepaid, addressed to: CHERYL WEISS 5145 EAST TRINDLE ROAD APARTMENT C MECHANICSBURG, PA 17050 DATED 0 %10193- Thomas D. Gould, Esquire ID # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 e ._> ? ? g ? er :rv 'Tt _? ?m "C; Y _fl ?IT? nn ??_?i ? ? .W `.? `? ?.. ??} _ ? R Curtis R. Long Prothonotary office of the Protbonotarp Cumberlantl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n,5 -939 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R. C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 2d0_A571