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HomeMy WebLinkAbout05-2853r ti OF COURT OF COMMON PLEAS Judicial District, County of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 11 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. 4 Nooopo(1?1-05 Vs - --- ------ •- •w?^?? ?..?r•a. R.C. P.D.J. No. 10086. a appellant was Clatrant (see Pa. R.C.P.D.J. No. -1001(6),n action 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. S 9-t- o/ Profhomfary 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 befo IF re District Justice. NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) -3-D appellee(s), to file a complaint in this appeal (Common Pleas No. D5. ads} ) within twenty (20) days aa?rfter seerrviicce, of rule or suffer entry of judgment of non pros. 1?1dNJd?AA/I ?//1 qqO?? Sgnefu gnature of appellant or attorney or agent RULE: To appellee(s) Name o/ appe//ee(s)ww (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: ?,LGak. ? ' 20D5 sign ure ofProthonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT 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 ; ss 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, senders receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BE2FOORE ME THIS DAY OF Signature of oflicial ba/oro whom affidavit was made Title Of official My commission expires on _ 20 Jr, AOPC312A-02 L Signatruo ota8iant ?? N a O C cn TI L A Lo -- COMMONWEALTH OF PENNSYLVANIA CotiNTY or. CWMERLAM Mag. Dist. No., NENVILLE, PA Telephone: (717 ) 776-3187 17241 09-3-02 MDJ Name: Hon. BELEN B. S8DLMTBZRGZR A"mss1 PO BOX 155 27 N BIG SPRING AVENUE NOTICE OF JUDGME?+NT/TRANSCRIPT PLAINTIFF: CIVIL CASE rBUSN SANDRA NAME and ADDRESS 251 YOBS ROAD CARLISLE, PA 17013 L vs. J DEFENDANT: NAME and ADDRESS rYEDINAX, BARBARA 7 891 S. RIDGE ROAD YORK SPRINGS, PA 17372 BARBARA YEDINAX L J 891 S. RIDGE ROAD Docket No.: CV-0000061-05 YORK SPRINGS, PA 17372 Date Filed: 4/08/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR pr,AT)g?TFF ® Judgment was entered for: (Name) BRf1B_ mikuni? ® Judgment was entered against: (Name) y nT]?fAr_ BARBARA in the amount of $ 2 sag nn on: (Date of Judgment) -_F+Jnz/na Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: 1-1 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 $ 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 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. 5Date , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2006 . AOPC 315-05 DATE PRINTED: 5/03/05 , Magisterial District Judge SEAL 1:18:22 PM Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-02 DJ Name: Hon. HELEN B. SHULENBERGER Address: PO BOX 155 27 W BIG SPRING AVENUE NEWVILLE, PA 17241 Telephone: (717 ) 776 - 3187 OUNT DATE PAID FILING COSTS $ 7, rv) POSTAGE $ SERVICE COSTS $ CONSTABLE ED. $ TOTAL $ t -7 / c 1 y? Ins- CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS Ccu\,s? ; ?' \?io? J VS. DEFENDANT: NAME and ADDRESS L ??or 1<; ; ";15? PR 1-131 J Docket No.: e.\' Date Filed: ra.H.L;.F'.U.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ , together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated)' ?U p 6t'Atkdc CGser 5 . 5?4? Er Q,r??. d,E`?(?rnC?t c? Cr? Chi ?c?? r I, ac&o ? ,-?- verify that the facts set forth 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 Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. Signature of Plaintiff-or Authorized Agent) Plaintiff's Attorney: Telephone: Address: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A-03 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of 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 '',,r•; +'Lt i 1 d a + ? ?«. v' ' ?.t ;! t!,?..? MAG DI$T. NO .> t ? ?•+?;+(c NA jM; E OF D.J. ? f 1 f? i ', v , ^`4J F ;x x? f, cq t' tMr?t ; ?? t ADDRESS OF APPELLANT I CITY ZIP CODE STATE pp p?*, i +, } & j # •r Y: ?,.S i" D , 4 1 .y ,/ of F r ~ DATE OF JUDGMENT IN THE CASE, OF (Plaintr (Defendant) ! ._ -:'' ..e •„ . '. - = .e ,• i `'S. VS ,,." .: 4.6 kit' •. ¢ *r x 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. 10085. 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 of Prothonotary or Deputy COPY TO BE SERVED ON DISTRICT JUSTICE COMMONWEALTH OF PENNSYLVANIA rnl INTY nF- CUMZRLAND Mag. Dist. No.: 09-3-02 MDJ Name: Hon. HELEN B. SEMENBERGER Address: PO BOX 155 27 W BIG SPRING AVENUE NEiiVILLE, PA Telephone: (717 ) 776-3187 17241 COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NAME and ADDRESS FBUSH, SANDRA 7 251 YORE ROAD CARLISLE, PA 17013 L VS. NAME and ADDRESS I DEFENDANT: FYEDINAE, BARBARA 891 S. RIDGE ROAD YORE SPRINGS, PA 17372 7 L J HELEN B. SHULENBERGER PO BOX 155 Docket No.: CV-0000061-05 27 N BIG SPRING AVENUE Date Filed: 4/08/05 NZWVILLE, PA 17241 Disposition Date: 5/03/05 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judge CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. MAGISTERIAL DISTRICT JUDGE DECISION UPHELD - court has reached the same decision as the magisterial district judge judgement. MAGISTERIAL DISTRICT JUDGE 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. MAGISTERIAL DISTRICT JUDGE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of juristiction, or improper venue. WRIT DISMISSED - magisterial district judge decision was not found to be flawed, lacking jurisdiction, or having imp -roper 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 7298-05 DATE PRINTED : 6 / 0 6 / 0 5 9:36:51 AM ?i ? GO = Ci { T - Z' C COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of 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 MAG. DIST. NO. NAME OF D.J. . , o .. d , r T. ,,. .,, ..m-. ? t t. .if . .. ( / u ? '+w?'+ v. f F °M n ADDRESS O AP CLAN CITY STATE ZIP CODE }} DATE OF JUDGMENT IN THE CASE OF (Plaintiff) > (Defendant) .. ' r , I 1 ,,N ,... .. r, .. .. .. DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT p it ... 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. Signature of Prothonotary or Deputy it appellant was Gla(Mant (see Pa. K.C.N.U.J. No. 1UU7(b) In action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pai.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 appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) 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 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 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: 20 - } . w f '' b E Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE t^3 C> C c°n -rt r, C- LL? PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILET? WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _ _.nO MNS > ss AFFIDAVIT; I hereby (swear) (affirm) that I served 50 a copy of the Notice of Appeal, Common Pleas No.0S'77 upon the District Justice designated therein on (date of service) 0(0 20 C) ? by personal service by (certified) (registered) trail, sender's receipt attached hereto, and upon the appellee, (name) ??k)S kA can 200S ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SU13SCRIBED BEFORE ME THIS DAY OF 20()', Signature of?official before whom affidavit waA•made c+ r Lz a ? signature ofafriant 41 1 Title of ofrcia? My commi?iQM INfZAW H OF PE1;gLSYLVAQQk Patrick A. McCreary, Notary Public AOPC 312A - 02 Notarial Seal Menallen Twp., Adams County MY Commission Expires Feb. 23 2008 Member, Pennsylvania Association Of Notaries SANDRA BUSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA YEDINAK, Defendant CIVIL DIVISION LAW NO. 05-2853 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 an attorney and 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 fiuther 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 INFORMATION ABOUT 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 REDUCED FEE OR NO FEE. Cumberland County Bar Association South Bedford Street Carlisle, PA 17013 717-249-3166 SANDRA BUSH, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW BARBARA YEDINAK, Defendant NO. 05-2853 COMPLAINT OF PLAINTIFF SANDRA BUSH AND NOW, comes the Plaintiff, Sandra Bush, (hereinafter "Plaintiff'), by and through her attorney, John J. Mangan, hereby files her Complaint against Barbara Yedinak, (hereinafter "Defendant") and in support thereof avers as follows: Plaintiff, Sandra Bush, is an adult individual who resides at 251 York Road, Carlisle, PA 17013. 2. Defendant Barbara Yedinak is an adult individual with an alleged residence at 891 South Ridge Road, York Springs, PA 17372. 3. Defendant ran a horse rescue facility at Seabar Stables located at 891 South Ridge Road, York Springs, PA 17372. 4. Plaintiff assisted Defendant at the horse rescue facility and adopted one of the horses for her own use and care. Defendant experienced financial difficulties and Plaintiff opened a satellite horse rescue facility in Newville with a third party. 6. Defendant requested that several of her horses be: cared for in Newville. Plaintiff transported five of Defendant's horses and her own horse at Plaintiff's sole expense to Newville. 8. Furthermore, Plaintiff paid for a farrier, shots, worming medicine and feed for Defendant's horses. 9. Defendant has not reimbursed Plaintiff for any of these costs to date. 10. Defendant subsequently came to Newville and picked up her horses and tack equipment. 11. Plaintiff brought an action at the District Magistrate Judge level to recover the transportation costs and cost for caring for Defendant's horses. 12. On or about May 3, 2005 received an award of $2,200.00. 13. On or about May 12, 2005, Defendant assaulted Plaintiff and came to the Newville satellite horse rescue facility and took Plaintiffs horse with related tack and equipment. 14. Plaintiffs horse was valued at $1,500.00. 15. To the best of Plaintiffs knowledge, Defendant has subsequently sold Plaintiffs horse. WHEREFORE, Plaintiff, Sandra Bush respectfully requests that judgment be entered in her behalf and against Defendant in the amount of $3,700.00 plus interest, costs of this action and such further relief as the Court deems just and proper. Respectfully submitted, Dated: / 7 /c) Law Office of John J. Mangan By:_ John J. MarW Esquire 35 Eas( Hi Street, Site. 20 Carlisle, PA 17013 717-241-2446 Attorney I.D. No. 87000 Attorney for Plaintiff SANDRA BUSH, Plaintiff V. BARBARA YEDINAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW NO. 05-2853 CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certify that on this 27th day of June, 2005, I caused a true and correct copy of the foregoing Complaint on behalf of the Plaintiff, to be personally served upon the following persons: Barbara Yedinak 891 South Ridge Road, York Springs, PA 17372 Verification I, Sandra Bush, hereby state that I am authorized to make this verification on behalf of Plaintiff. I further verify that the facts contained within the foregoing Complaint are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating to unworn. falsification to authorities. Zla-7 Id S- 2!d"C ? Sandra Bush Date: a =- _> ,, <?, ?_. -? 1_ ?„ ? =?« -? `> _- . < __, -?, >;= _ .. _, .? SANDRA BUSH, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW BARBARA YEDINAK, Defendant NO. 05-2853 PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary of Cumberland County: Kindly reinstate the above-captioned complaint that was filed on June 27, 2005. Respectfully submitted, Law Oflic? of ohn J. Mangan By: John 1 angan, Esqui7204 35 E t igh Street, SCarlisle., PA 17013 717-241-2446 Attorney I.D. No. 87000 Attorney for Plaintiff On this 29d' day of July, 2005, the above captioned complaint is hereby reinstated. Prothonotary c? c? `.? -?' r' _ J? .-1 er S-? "l ?.? 1 r? ..? ;' =F:. ?-. _ -i; `? ?'? n, __ ?? SHERIFF'S RETURN - REGULAR CASE NO: 2005-02853 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUSH SANDRA VS YEDINAK BARBARA LARRY ZEIGLER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BARBARA DEFENDANT the , at 1500:00 HOURS, on the 16th day of August , 2005 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to BARBARA YEDINAK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this -??- day of 49am r -;P&0 A. D . 4-1 ota(/ So Answers: R. Thomas Kline 08/17/2005 JOHN MANGAN 7 By: Deputy S riff Curtis R. Long Prothonotary Office of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor -S' - .2 $;,T,3 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) 240-6573