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HomeMy WebLinkAbout05-5560 COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Cs, SS?? (1GLtc-f 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 dat,Cand in the Base referer c d belt,. _ f r r do l - DOCKETr.- -1 / aroru?i ortc yr nrrc=?av, vn q,??n?.=? ,? 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 SUPERSEDERS to the judgment for possession in this case. Sgnatum of Pmihondery or Deputy was Claipant (see Pa. before a District Justice, A COMPLAINT MUS F BE FILED within twenty (20) days after tiling 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 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 C/ r r Name of Appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. within twenty (20) days after service of rule or suffer ant Cgrt of non pros. Signature of appellant or attorney or agent RULE: To? C? rr ?\- . appellee(s) Name of appellees) (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 (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .200!5 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL 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 , 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 -_-__201 Signature of official befcta whore affidavit was !Wade Title of official My commission expires on 20 Q 1 O Signature ofafiant ,,.COMMONWEALTH OF PENNSYLVANIA CnIINTY nF- CUMBERLAND Mag. Dist. No.: 09-2-01 MDJ Name: Hon. PAULA P. CORREAL Add`ess: 1 COURTHOUSE SQ CARLISLE, PA Teiephwo : (717 ) 240-6564 17013-0000 JOSEPH S. RUDA 65 DERBYSHIRE DR CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAMEand ADDRESS rMCr•suRiz?a COLBY ? , 106 E SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 L J VS. DEFENDANT: NAME and ADDRESS JOSEPH S rRUDA , 65 DERBYSHIRE DR CARLISLE, PA 17013 L J Docket NO.: CV-0000380-05 Date Filed: 8/25/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) or-2 Aa ulm, Cnr.nv ® Judgment was entered against: (Name) RUDA, TngBPg g in the amount of $ a , A24 _ HS on: (Date of Judgment) 0/96/05 Defendants are jointly and severally liable. (Date & Time) 7 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 $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Post Judgment Credits Post Judgment Costs Certified Judgment Total ANYT ARTY HAS THE..RIGHT TO APPEALWITHIN 30 *YSWAFTER 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 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OE 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. -ttv_t's Date Magisterial DistnctJudge I certify that this is a true and correct copy of the'fecord of the proceedings' containing the judgment.' i Date Magisterial District Judge My commission expires first Monday of January, 2006 SEAL AOPC 315-05, DATE PRINTED: 9/26/05 1:.55:48 PN " CERTIFIED MAIL RECEIPT D T. r Pormsilk AW1 Only; No Insurance Coverage Provided) a 80ILING,SPRINGS PA 17007 Postage $ 0 37 n o U 4Wi 1 L cpn p CD c._nmed=ee l .13 Mrad1 _7r. ....( r-r C} T _., p Return Receipt Fee (Endorsement neon Pedi 1 $1.75 )r9 ?'L fiR r p Restricted Ddlivdry Fdc (Endorsement Requi vd) (-} - rR 54 42 ?????,s 1?`YY472005 Total Postage s Fees . v t p sent TO = •• =? C3 ---- -- --------- ----- - - - --------------------- Street. Apt No, _.. fV or PO Be, No. CiN. ..^,rare ?ia.a PROOF OF SERVICE OF NOTICE O FAPPEAL 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 P NNSY VANIA COUNTY OF C tc. e jo ti ss AFFIDAVIT. I hereby (swear) (affirm) that I served //?? ? a copy of the Notice of Ap eal, ommon Pleas ?6{,trpon the District Justice designated therein on (date of service) 20 ?s by personal service ? by (certified) (registered) mail, sender s rec ipt attache her o, and upon the appellee, (name) on 20 (3!5 ? by personal service b (certified) (registered) mail, send 's re eipt attached hereto. (S RN) (AFFI MED) fN S BSCRIBED BEFORE E I fff 20 CILD T (i DAB' I ... YYY !" " VVV T T . -, Signature ofatrant i ature oroKCral Mone whom aKdaBit was made P°?ip 11r'? ,? . SEAL Title o mat CUMDER D COUNTY COURT HOUSE W My c mugs GUMMUNWtAL IM VF rCNm* 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 the datE.and in the case refereffc6d t _ )h3(_','k` _ I(? DATE OF JgDGMENT MTHE CASEOFJF4 tilt) ?y We, 7? 1 V6 ]Y DOCKETt?? I A/GNA I UKE Ur gr'r4LuN, vn A r;. YnN,' vgayonI ii II '' r z r - f. it This block will be signed ONLY when this notation is required under Pa. If apjlelMnt was Clai ant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. 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. Sign ature of Rothonatary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of foim to be used ONLY when appellant was DEFENDANT (see P&R.C.P.D.J. N0+' 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 r 1 ?, ,? d §° sr"`• ? appellee(s), to file a complaint in this appeal r Name or appellees) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry, of judgrgdnt of non pros. o / r ; . A g Y signr Uieotapyeuentotrattomayoragent r ilk s ell RULE: To a appellee(sY l ;. 'Name o/eppelleets) „_. ,.. (1) You are notifiedthata rule is h4rgpy 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 perAnal service or Gy certified or registered mail (2) If you d9' not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. JI Date: ! ?7 '20 in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on (3) The date of service of this rule if service was by mail is the date of the mailing. 4 i a YOU MUST INCUIDE A COPY ORTd IE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW- APPELLANT'S COPY PINK-COPY TO BE SERVED ON APPELLEE GOLQ-COPY TO BE SERVED ON DISTRICT JUSTICE WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 Cumberland County Pennsylvania Vs. JOSEPH S. RUDA Defendant No. 05-5560 Civil Action Law 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 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 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 Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 William A. Addams Attorney for Plaintiff Dated: November 18, 2005 1G .., }?61i U COMPLAINT AND NOW, comes the plaintiff, COLBY McCARREN, by his attorney, William A. Addams, and makes the following complaint. 1. The plaintiff is Colby McCarren, an adult individual residing at 106 E. Springville Road, Boiling Springs, Cumberland County PA 17007. 2. The defendant is Joseph S. Ruda, an adult individual residing at 65 Derryshire Dr., Carlisle Cumberland County, PA. 17013. 3. The plaintiff is the owner of a 1996 Pontiac Sunfire, which was lawfully parked in front of 132 E. High St., in Carlisle, PA on the night of October 30, 2004. 4. At that time and place, the defendant was operating a vehicle on High St. when he negligently and carelessly collided with the plaintiff's parked car, causing the damage hereinafter set forth. 5. The defendant was negligent and careless in: a. Failing to have his vehicle under control, b. Failing to drive in the lane of traffic, c. Failing to observe the plaintiff's vehicle in time to avoid a collision. 6. As a result of the negligence and carelessness of the defendant, the plaintiff 's automobile sustained damage in the amount of $3,500. WHEREFORE, the plaintiff demands judgment against the defendant in the amount of $3,500.00, plus costs of $124.88, an amount within the jurisdiction of arbitration under the local rules of court. William A. Addams Attorney for Plaintiff VERIFICATION I 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 made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date Colby McCarren WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 Cumberland County Pennsylvania Vs. JOSEPH S. RUDA No. 05-5560 Civil Action Law CERTIFICATE OF SERVICE The undersigned hereby certifies that on this the 21st day of November, 2005, a true and correct copy of the Complaint was served via first class mail upon the following individual: Joseph S. Ruda 65 Derryshire Dr. Carlisle, PA 17013 William A. Addams Attorney for Plaintiff 27 W. High St. Carlisle, PA 17013 717-243-7638 %V?? ? ??,'??? )1'..1 L iiti'IY J'J 1)O l 1 1' / Ulu ??1 ?? _ ..- ? .". I?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA MARCIA J. DEYO, Plaintiff V. DOCKET NO.: 05-5651 CIVIL TERM DAVID C. DEYO, Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the Defendant, David C. Deyo in the above captioned case. Date: /''meat'-;' 205 Respectfully Submitted, Rominger, Bayley & Whare Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Defendant -n ?? ? ? -rt f ? t+ _-i i" ; y.i, _-r, <: i G' ?? Ly'? i _ .. WILLIAM A. ADDAMS ATTY. I.D. # 06265 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 Plaintiff Vs. JOSEPH S. RUDA Cumberland County Pennsylvania No. 05-5560 Civil Action Law Defendant PRAECIPE TO ENTER JUDGMENT Sir: Please enter a default judgment in the amount of $3,500.00 in favor of the plaintiff and against the defendant for failure to enter an appearance or file an Answer to the Complaint endorsed with a notice to defend. The undersigned hereby certifies that the attached written notice of intention to file this praecipe was mailed to the defendant on the date shown thereon, which was after the default occurred, and at least ten (10) days prior to the filing of this Praecipe. William A. ddams, Attorney for Plaintiff TO: Curt Long, Prothonotary Date mailed: December 27, 2005 WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 Vs. JOSEPH S. RUDA No. 05-5560 Civil Action Law TO: Joseph S. Ruda 65 Derryshire Dr. Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN ANSWER TO THE NEW MATTER AND COUNTERCLAIM PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP. 717-240-6200 COURT ADMINISTRATOR FORTHFLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 In the Court of Common Pleas of Cumberland County Pennsylvania WILLIAM A: ADDAMS Attorney for Plaintiff 27 West High Street P.O. Box 261 Carlisle, Pa. 17013 717-243-7638 S, =s' ai w 1 7 ? c a -?S `.:: c> ' 1. ) cr . '11 QD c as-ss?r? VERIFICATION William A. Addams hereby verifies that the judgment entered in the above captioned case was as a result of an automobile accident, which occurred Octobr 30, 2004, and that the facts set forth are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date William A. ddams z ?i IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JOSEPH S. RUDA JOESPH S. RUDA Movant(s) V. COLBY MCCARREN C/O WILLIAM A. ADDAMS, ESQUIRE Defendant(s) 1-06-bk-01882[NMF Chapter 13 ORDER The Debtor's motion to avoid a judicial lien is hereby approved. The judicial lien filed in the Court of Common Pleas of Cumberland County, Pennsylvania at Colby McCarreh v. Joseph S. Ruda, number 05-5560, civil action-law, is hereby avoided. By the 'Court, Judi: (I3B) This document iselectronicay signed andfiled on thsame date Dated: July 26, 2007 CERTIFIED FROM THE RECORD this day of ? Ulm , 20 ? Clerk, U.S. Bankruptcy Court Deputy Clerk $ CIO fe` t?? D 1 -.S 9, ti c> "'UO