Loading...
HomeMy WebLinkAbout14-6735 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 'f"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 i)�VI MAG.DIST. 0. NAME OF MD ':� " - R ; IMCt/l 09 — -3—ol 1 1 ADDRESS OF APPELLANT CITY STATE 1 ZIP CODE :3 L40!�' r-)14 F�Lye-� . A f, 17 DATE OF JUDGMENT IN THE CASE IFCDefendant' _ 1 44 1 (::�e , t 0— Z.L4 (eyV, a V1 DOCKET No. SIGNATURE OF APPELLANT O OR AOEW M V—04 V Lf This block will be signed ONLY when this notation is required under Pa-. —1f.1%pellant 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 Coley appellee(s),to file a complaint in this appeal Name of apbeffee(s) (Common Pleas No. 673 5 �n- 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 t 11te appellee(s) Name of appellee(4 (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 matif� ,"tX"eln IJ riling Date: gnature of Prothonotary or Deputy 0 S *I Pd 61 AON 11101 YOU MUST INCLUDE A COPY OF THE NOTII:E"OF'JUI)OMBNTrtRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. X113 C3 ek a AOPC 312-05 /n 6l 3/3 t�y� COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable H.Anthony Adams Cecile Eppley V. Address: 35 West Orange Street David M Riggleman Shippensburg,PA 17257 Telephone: 717-532-7676 David M Riggleman 304 N Fayette Street Docket No: MJ-09301-CV-0000140-2014 Apt 405 Case Filed: 9/17/2014 Shippensburg, PA 17257 Disposition Summary (cc-Cross Complaint) Docket N Plaintilff Defendant pisoosition Disposition Date MJ-09301-CV-0000140-2014 Cecile Eppley David M Riggleman 99 Judgment for Plaintiff 10/24/2014 Judgment Summary Particioant JoinUSeveral Liability Individual Liability $0.00 Cecile Eppley Amount $0.00 David M Riggleman $0.00 $3,404.57 $0.00 Judgment Finding (•PostJudgment) $3,404.57 In the matter of Cecile Eppley vs. David M Riggleman on MJ-09301-CV-0000140-2014, on 10/24/2014 the judgment was awarded as follows: Judament Component JoinVSeveral Liability Individual Liability Deposit Aoolied Civil Judgment $0.00 mount Filing Fees $3,273.57 $3,273.57 $0.00 $131.00 $131.00 Grand Total: $3,404.57 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 ELEC r5 TO ENTER AND NO D COURT OF COMMON PLEAS AND NO RTEENT 1l1"YtIE-COURT OF-COMMON FLEAS,ALL FURTHER-PROCESS MUST COME`FROM'THE 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. / -(:9 Date . Magisterial District Judge H.Anthony Adams Icertifythal t111S is a true and correct copy of t e recor Io t e procee mgs containing i e judgment, Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed:10/24/2014 10:37:56AM Cecile Eppley V. Docket No.: MJ-09301-CV-0000140-2014 David M Riggleman Participant List Plaintiff(s) Cecile Eppley Lot 27 Big Spring Terrace Newville, PA 17241 Defendant(s) David M Riggleman - 304N-Fayette-Street- - ---- __— Apt 405 Shippensburg,PA 17257 i MDJS 315 Page 2 of 2 Printed: 10/24/2014 10:37:56AM j� L { a , i ri:... PRO TIHO lit/'++1 Nov 24 Pii 2: 58 CUMBERLAND 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 C )thin Let lartj ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of peal, eal, Common (date of service) , 20 t4 , El by personal seryicerby (certified) (registered) mail, t sender's receipt attached hereto, and upon the appellee, (name) , on 000et/t e 1`; 2014 ❑by personal service,' sender's receipt attached hereto. � I4-735 civil CeG►(e Cpi(e'v. ��J►� � ��Qw�� r Pleas No. (y—r, upon the Magisterial District Judge designated therein on (SWO ,N,)�� (�AAFFIRM D) AND SUBSCRIBED BEFORE ME • THIS d11�"DAY O , 20 1y b e w om affidavit was made COMMONWEALTH OF PENNSYLVANIA Notarial Seal Connie J. Gib,son, Notary Public Carlisle Bor% Cumberland County My Commission Expires Aug. 17, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Title of official My commission expires on , 20 AOPC 312A - 05 by (certified) (registered) mail, nature of affiant I • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: M DJ' An-thonl Maga S 35 west oronos s& et Shippensburg PA 1-x57 COMPLETE THIS SECTION ON DELIVERY I I g*rtgent Addressee eceived by (Prints ams) C. Da of De eenr t 2 w N�,Nl &( 1/J 71 D. Is delivery address different from item 1? ❑ Ye If YES, enter delivery address below: 0 No 1 3. Service Type Certified Mail ❑ Registered ❑ Insured Mail SENDER: COMPLETE THIS SECTION • Completeiitems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. ❑ Express Mail No jjK2tum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Ij 1. Article Addressed to: COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed N CYZtIAL= D. Is delivery address different fro If YES, enter delivery address b Dent Ad'ress dfl ateofDilvi item AC ow. i18P�' LovC eca kflp316(yrirl.gTerrale. i j e ( % ((j Q 413. Service Type r`+""'v ` L l ` A I JI �CCertified Mail ❑ Registered 0 Insured Mail Y ❑ Express Mail Np etum Receipt for Merchand C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (transfer from service label) 7014 0510 0002 3752 5554 1 PS Form 3811, February 2004 Domestic Return Receipt F C a m LL as m a. fISSS 254E 2000 0'tS0 hTOL 2. Article Number (transfer from service label) 7.014 ` 0510 0002 17.52 5561' 102595-02-M-1540 PS Form 3811, February 2004 0 r d W13 0a W. C 2 J y cn I: O IL acc cy cn W SUE tzdl. m_ q co 19 2o14 / G Domestic Return Receipt O) SSS ,2SL'E 26' 836. m U.2 LL5g. IL CCE 0E m t -m d' ¢o o m . +L, 2000 i0T50 h204 102595-02-M-1 CERTIFICATE OF SERVICE I, David M. Riggleman, do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Cecile Eppley Lot 27 Big Spring Terrace Newville, PA 17241 David M. Riggleman s E C T I 0 N A S E C T I 0 N Pi Supreme Court of • Pennsylvania Court of Common Pleas Civil Cover. Sheet CUMBERLAND County For Prothonotary Use Only: Docket No: J—Lp7� 5 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: Petition Declaration of Taking El Complaint U Writ of Summons a 1 Transfer from Another Jurisdiction 1 Lead Plaintiffs Name: Cecile Eppley Lead Defendant's Name: David M. Riggleman Dollar Amount Requested: d within arbitration limits Are money damages requested? El Yes 1 No (check one) ■outside arbitration limits Is this a Class Action Suit? 1 Yes el No Is this an MDJAppeal? ■ Yes l3 No Name of Plaintiff/Appellant's Attorney: Cecile Eppley 0 Check here if you 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) ❑ Intentional 0 Malicious Prosecution Q Motor Vehicle 0 Nuisance o Premises Liability Q Product Liability (does not include mass tort) [] Slander/Libel/ Defamation ❑ Other: MASS TORT © Asbestos Q Tobacco Q Toxic Tort - DES Q Toxic Tort - Implant Q Toxic Waste Q Other: PROFESSIONAL LIABLITY ❑ Dental O Legal • Medical Q Other Professional: CONTRACT (do not include Judgments) Q Buyer Plaintiff © Debt Collection: Credit Card Debt Collection: Other ▪ Employment Dispute: Discrimination o Employment Dispute: Other O Other: REAL PROPERTY ❑ Ejectment 0 Eminent Domain/Condemnation 0 Ground Rent ❑ Landlord/Tenant Dispute Q Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial Partition Q Quiet Title Q Other: CIVIL APPEALS Administrative Agencies O Board of Assessment Q Board of Elections ElDept. of Transportation Statutory Appeal: Other Q Zoning Board ❑ Other: MISCELLANEOUS Common Law/Statutory Arbitration Q Declaratory Judgment Di Mandamus Non -Domestic Relations © Restraining Order Quo Warranto © Replevin Other: Updated 1/1/201I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cecile Eppley Plaintiff . . r) vs `J7 I (-O.-1'a �Cs7 I It David M. Rigglemancnr— Defendant < c) CD -4 NOTICE TO DEFEND P1 C) co N CA) 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 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 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, 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Cecile Eppley Lot #27 Big Spring Terrace Newville, Pa 17241 Plaintiff, Vs. David M. Riggleman 304 North Fayette St. Apt. 405 Shippensburg, Pa 17257 Defendant. Court of Common Pleas Cumberland County NO: 1 L..I -�p1 3 J Civil Action Complaint 1. Plaintiff is Cecile Eppley, an adult individual, age 75, residing at Lot #27 Big Spring Terrace, Newville, Pa. 17241. 2. Defendant is David M. Riggleman, an adult individual residing at 304 North Fayette St., Shippensburg, Pa. 17257 3. At the special instance and request of the Defendant, and Nichole M. Norris (Defendants girlfriend at the time), Plaintiff allowed the use of her credit card, on 06/30/2014, to pay $1,474.07 to Middle Spring Motors, and $911.00 to property management company for back rent. 4. The entire amount of $2,385.07 was promised to be repaid by Defendant and Nichole M. Norris. It was made clear that this was not a gift. 5. Defendant and Nichole then used the card for unauthorized purchases amounting to $3,056.71, in addition to the authorized amount of $2,385.07. 6. Plaintiff was unaware of additional charges until she received her monthly billing statement in the mail. 7. Itemized charges are: $764.05 to Verizon on 06/30/2014 $203.35 to Direct TV on 07/01/2014 $674.65 to 1360 storage facility on 07/01/2014 $911.00 to Property rental company on 07/01/200214 $294.00 for cash advance at Patriot Federal CU on 07/01/2014 $41.02 to Giant Food Stores on 07/02/2014 $374.71 to NCO First Energy on 07/02/2014 $68.00 to PA Nails on 07/03/2014 $237.33 to Walmart on 07/03/2014 $91.00 to Rutter's Farm Store on 07/03/2014 $1,474.07 to Middle Spring Motors on 07/03/2014 $59.50 to Belle Jewelers on 07/21/2014 $249.10 to Belle Jewelers on 07/21.2014 8. Defendant was deemed fully responsible for the charges of $1,474.07 for repairs to a Dodge truck for which he is sole owner. 9. Defendant was also deemed fully responsible for the charges of $674.65 for the storage facility for which he rents solely in his name. 10. The charges for Verizon, Direct TV, and NCO First Energy, Were deemed to be both Defendant and Nichole's responsibility, as all were in both of their names. Thus those charges were split equally between the two of them. 11. The charges for Rutter's Farm Store, Walmart, PA Nails, Giant Food Stores, and Belle Jewelers were deemed the Sole responsibility of Nichole. 12. Defendant was determined to be responsible for $3,273.57 In charges to the Plaintiff's credit card, plus $131.00 in filing Fees, by MDJ Honorable H. Anthony Adams on 10/24/2014. 13. Nichole M. Norris has made payment arrangements with Plaintiff, and has been making regular payments. 14. Defendant has not made any payments to Plaintiff. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant for the sum of $3,404.57, and requests this Court award the costs to the extent permitted by applicable law. Cecile Eppley Plaintiff Pro Se Lot #27 Big Spring Terrace Newville, PA 17241 Verification Cecile Eppley, does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications and authorities, that the facts set forth in the foregoing complaint are true and correct to the best of her knowledge, information, and belief. Date /AJA- Signature