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HomeMy WebLinkAbout01-5070COMM~ Ny/EALTH Of PENNSYLVANIA COURT Of COMMON PLEAS JUDiCiAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~ I - _.~O'~r0 NOTICE OF APPEAL ~ -?',~ -0~ 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 mentioned below. ,CH ST ,, 1008B, 1001 (6) in action before District Justice, he MUST This Notice of Appeal, when received by the District Justice, will operate as <3 5UPERSEDEA5 to the judgment for possession in this cos~ FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothcnotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fon'n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. 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 ~]~k~'-~ j Jr ~)~' t~ ~ ~1/.~..~ -~'~)-) ~-'Z-~;~ , appellee(s), to file a complaint in this appeal service of ~ suffer entry of judgment of non pros. (Commo~ Pleas Ncx _ ~) ) ~'O'-~(~) ~'~,,Jl J ) within twenty (20) days after RULE: To (1) You am 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 perseaal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of maili~.z~ COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SErViCE OF NOTICE OD APPEAL AND RULE TO FiLE COMPLAINT > t o Atpa PJ~a ~to upo~' the Dstrct Justice designa ed there n on ~3 by persona~ ser'¢ ce [3 by (certified) (registered} mail, sender's .................... 9 ~ ~ y pe sort*d s(rwce ~*~ by {cert ~ed) (reg stewed) ma~l, sender s receipt attached hereto ~' ~'~'~"' <*'~'"~Par;yr9 neab°¥e¢~°tceofApPea upontheappettee(s)towhom :'; e ~a8 a(R rES ~(d Oq .......................... , 19 ....... t2~ by persoea~ servce ~} by (certffed) (registered} 08/29/01 10:36 FAX 717 776 9284 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: 09-3-03 *'~T': P..O. BOX 155 27 W. BIG SPRING AV~IU~ I~EWVI LLR, PA To~,' (?~7) 776-3187 17241 p.O. ~X 155 27 W. BIG S~G A~ ~LL~, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~ Judgmeet was agaJnst: ~. (Name) In the a~ount of $ . I :12e_;~ ~ Defendants are jointly a~ severally ~ Damages will ~ assessed on: ~This dismiss~ wit~ut prejudice. case ~ Amount of Judgment Subject to AEachmen~Act 5 of 1996 $ ~ LeW is stayed tot,. days or ~ generall' ~ ~jection to levy has ~en filed and hearing wi D.J.(09-3-02) ~ OOl CIVIL CASE PLAINTIFF: ~O][OUGE 4 ~T ~LLE, PA 1~241 65 ~. HIGH ~, ~X 17241 NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CY-0000083-01 Date Filed: 6/08/01 _J Lt~?,I;I: DgllqAT.l~ (Date of Judgment) _ '77ll Date & Time) stayed. be held: Amount ot Judgment $ _~,~0_~ Judgment Costs $ 80.18 Interest on Judgment $ . O0 Atlorney Fees $ .00 Total $ I 129.53 PostJudgmentCredits $ Post Judgment Costs $ I Cerlitied Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DA OF APPEAL WITH THE PROTHONOTARY/CLERK OF THI MUST fNCLUDE A COPY OF THIS NOTICE OF JUDGMEN ti- '~' I -WI Date ~ ,~'~.~ /'- ce,~y that this is a true and correct ~py of the Da~ , , My ~mmission expkes first Monday of Janua~, AO~ 315-9g rs AFTER THE ENTRY OF JUDGMEN'['..BY F~L, ING .A NOTICE i COURT OF COMMON PLEAS, ClY. IL~ ~i~I~)N. ~.OU ·, ~/TRANSCRIPT FORM WITH .. ~./, ';';:- .:'. ~Oi~ti'ict, Justice d of the proceedings containing ;;he'iudgment- · , ' , D~is~lrict' Justice 2006 COMMONWEAL.TH'OF PENNSYLVANIA ;OUNTY OF: {CUM;B~:RLAND 09-3-02 EELEN B. Sh-0-LENBERGER ~ P.O. BOX 155 27 W. BIG SPRING AVENUE N-iSCVILLE, PA t~,~. ~17) 776-3187 17241 PLAIN'~FF L 0Er--mNOANT: Donald ~lagle 65 South High Street Newville, PA 17241 AMOUNT 0AT~ ~AlOc o n s t a b 1 e RUNG COSTS $ / / S~NG COSTS $ / / TOTAL ! S 57.50 06/08/01 + fees CIVIL COMPLAINT O/ Fred A. Potzer, Borough Hanage~ Borough of Newville 4 West Street Newville, PA 17241 TO THE DEFENDAhFF: The Above named plAintiff(s) asks judgment against, you far $ 114 9.3 5 together with costs upon the followin§ claim (CMl fines must include citation of the statute or ordinance violated): Judgement: $ 1149,35 Costs: 57.50 Total $ 1206.85 DEFENDANT HAS FAILED TO ADHERE TO PAYMENT PLAN TO PAY DELINQUENT WATER AND SEWER BILLS FOR PROPERTIES AT 65 SOUTH HIGH STREET IN NEWVILLE, REFLECTING BALANCES FROM THIRD QUARTER OF YEAR 2000. [, Fred A. Potz er verify that the facts set ~arth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Cdmes Code (18 PA. S.C.A. ~; 4904) related to unsworn falsification to authorities. (Signetur~odzad Agent) A~torney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU 8Y DEFAULT. If you have a claim against the plaintiff which is within distdct justice jurisdiction end which you intend to assert at the hearing, you must file it on e complaint form at this office at least five (5) days before the date set for the hearing. If you have A claim against the plaintiff which is not within district justice jurisdiction, you may reques~ information from this office as to the procedures you may follow. · COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CU~BERI~-D Mag. Dist. NO.: 09-3-02 DJ Name: Hon. HELEN B. SI-IO"r..,ENBERGER Adaress: P.O. BOX 155 27 W. BIG SPRING AVENuts NEWVILLE, PA r~,~p~o.~: (717) 776-3187 17241 HELEN B. SBu~ENBERGER P.O. BOX 155 27 W. BIG SPRING AVE~u= NEWVILLE, PA 17241 COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NAME and ADDRESS ~BOROUGH OF NEWVILLE 4 WEST STREET MANAGER FRED POTZER ~EWVILLE, PA 17241 VS. DEFENDANT: NAME and ADDRESS ~LAGLE, DONAr,~ 65 S. HIGH STREET NEWVILLE, PA 17241 Docket No.: CV- 0000083- 01 Date F ed: 6/08/01 Disposition Date: 7/31/01 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the resutts in this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judge -q J CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. DISTRICT JUSTICE DECISION UPHELD - court has reached the same decision as the district justice judgment. DISTRICT JUSTICE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeal has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. DISTRICT JUSTICE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of jurisdiction, or improper venue. WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC 729B-98 FOI~N PRINTED: 9/07/01 10: 11:11 · o COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERI~AND Mag. Dist. NO.: 09-3-02 DJ Name: HELEN. B. St4u~.ENBERGER Address; P.O. BOX 155 27 W. BIG SPRING A%'ENUS NEWVILLE, PA Telephone: (717) 776-3187 17241 HELEN B. SHULENBEHGEH P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 T~IS IS TO NOTIFY YOU THAT: NOTICE OF JUDGMENT/TRANSCRIP'I CIVIL CASE PLAINTIFF: NAME and ADDRESS i-BOROUGH OF NEWVIL~.E 4 WEST STREET MANAGER FRED POTZER ~I-EW~ILLE, PA 17241 VS. DEFENDANT: NAME and ADDRESS i-F~.AGLE, DONALD 65 S. HIGH STREET NEWVILLE, PA 17241 Docket No.: C~-0000083-01 [ Date F ed: 6/08/01 Judgment: [] Judgment was entered for: (Name) [] Judgment was entered against: (Name) in the amount of $ ~T,~T,~ ~ on: (Date of Judgment) "/!~t I ./R 1 ~] Defendants are jointly and severally liable, ] Damages will be assessed on: [-~ This case dismissed without prejudice. [] Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ [] Levy is stayed for days or [--] generally stayed. (Date & Time) Amount of Judgment $ 1.049.3! Judgment Costs $ 80.18 Interest on Judgment $ .00 Attorney Fees $ .00 Total Post Judgment Credits Post Judgment Costs Certified Judgment Total 1,129.53 [] Objection to levy has been filed and hearing will be held: Date: Place: Time: 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, CIVI~'~I~I~N. ~',OU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YoUR't~.OTIC'~ ~1~ APPEAL. ~1 "t--0[ Date . ,~ .,~-,~.~.vZ~,~....-~ ~- ~DistrictJustice ..- ~- ; ,, . I certify that this is a true and correct copy of the record of the proceedings conta~mng the judgment... .I Date , , Distr ct Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 c~ 0 -;~. C~) BOROUGH OF NEWVILLE, COLLECTING AGENT for NEWVILLE BOROUGH WATER and SEWER AUTHORITY, Plaintiff DONALD L. FLAGLE, 11 and AMANDA S. H. FLAGLE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5070 CIVIL TERM 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 filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail todo 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 Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Richard L. Webber, Jr., Esquire Attorney ID No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff BOROUGH OF NEWVILLE, Collecting Agent for NEWVILLE BOROUGH WATER and SEWER AUTHORITY, Plaintiff DONALD L. FLAGLE, II and AMANDA S. H. FLAGLE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5070 CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, Borough of Newville, collecting agent for Newville Water and Sewer Authority, by Richard L. Webber, Jr., its attorney, and files this Complaint, averring the following: 1. The Plaintiffis the Borough ofNewville, a municipal corporation of the Commonwealth of Pennsylvania, with its registered address of 4 West Street, Newville, Cumberland County, Pennsylvania. 2. Defendants are Donald L. Flagle II and Amanda S. H. Flagle, adult individuals residing at 65 South High Street, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff, pursuant to Management Agreements dated September 1, 1976 and May 1, 1980, manages and operates the water system and sewer system owned by the Newville Borough Water and Sewer Authority (hereinafter "NWSA"). 4. Plaintiff is responsible for the receipt and collection of water and sewer revenues and money due and payable to NWSA. Plaintiff. 7. 5. Plaintiff provided water and sewer services to Defendants at their property located at 65 South High Street, Newville, PA, from March 1, 2000 through June 30, 2001. Defendants consented to the supplying of the water and sewer services by Plaintiff invoiced Defendant Donald L. Flagle a total of $2,060.57 for water and sewer services during the time period referenced in paragraph 5 above. 8. Defendants have paid $951.20, leaving a past due balance of $1,109.37 as of September 25, 2001. 9. An itemization of the Defendants' account history is shown on Exhibit "A" attached hereto and incorporated by reference herein. 10. The amounts listed on the respective invoices represent the lawful and customary charges for water and sewer services provided by Plaintiff and NWSA. 11. Defendants, as owners of the property located at 65 South High Street, Newville, Cumberland County, Pennsylvania, have benefitted from the water and sewer service provided by Plaintiff. 12. Plaintiff. Defendants have failed to pay the balance due, in spite of numerous requests by 13. The total amount requested is within the limits for compulsory arbitration. WHEREFORE, Plaintiffrespectfully requests judgment in their favor and against Defendants in the amount of $1,109.37 plus attorney fees of 5% of the amount claimed pursuant to 53 P.S. 48401, costs, interest and other appropriate relief. LAW OFFICE OF MICHAEL J. HANFT Richard L. Webber, Jr., Esquire Attorney I.D. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff DON~D FLAGLE 65 BOUTH HIGH STREET ~270 (Apartment) %~71 (House) Fax : 7177769517 Sep 25 '0:1 11:49 P.02 TOTAL BILLED Quarter End%rig 06-30-01 $ 202.86 Quarter Ending.03-31-01 $ 144.36 Quarter Ending 12-31-00 $.446.79 Quarter Ending 09-30-00 $ 735.03 Quarter Ending 06-30-00 $ 531.53 Usage usage Usage Usage usage Usage Usage Usege Usage Usege Apt House Apt House Apt House Apt HOUSe Apt 8,000 gallons 3,000 gallons 8,000 gallons Inactive 11,000 gallons 21,000 gallons 10,000 gallons 48,000 gallons 12,000 gallons 28,000 gallons TOTAL PAYMENTS 09-06-01 $ 202.86 12-01-00 07-17-01 100.00 10-06-00 05-04-01 t00o00 09-15-00 04-20-01 82.00 08-14-00 03-19-01 100.00 07-21-00 $ 150.00 50.00 50.00 50.00 66.34 TOTAL BILLED: TOTAL PAID= AMOUNT DUE: $ 2,060.57 951.20 $ 1, I~9.37 (As of 09-25-0~) ~Sor~ Secretary/ VERIFICATION I, Fred A. Potzer, Newville Borough Manager, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. Date: