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