HomeMy WebLinkAbout87-0017P-599 757 591
P-599 757 592
COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
FROM
DISTRICT JUSTICE JUDGMENT
· ' ":~ 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 m~'~tioned below.
DATE OF JUDGMENT ~ ~THE CASE OF (~alnt~tt) (Detendant)--
CLAIM NO '~ ii.mm J SIGNATURE~OF APPELLANT OR HIS ATTORNEY OR AGENT
TA 19 Th- ,~ ~' ~ . ~/ I . ~ ~ ~;
LT 19 ........ I
This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. If appellanf was cL~MANT (see Pa
R.C.P.J.P.
No. 1008B.
No. 1001(6) in action before District Justice,
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case. he MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
Signature at Prothonotary or Deputy
(Common Pleas No. /
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.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of not,cedi ~e~ to be served upon appellee).
PRAECIPE: To Prothonotary ·
Enter rule upon ~4~0'~ ',-~19~-' '~,.~'~ //~¢r~"$1~ appeJlee(s), to file a complaint in this appeal
i~/ame of appellee(s) /
/ ~ ~ 7 ) within twenty (20/tdays after service of rule or suffer entry of judgment of non pros.
Signat~re '~f appellant~'r his attorney or agent
Name~ ~ ~'-~t appellee(s) ~--~t''~'~'"2 ,appellee(s).
RULE: To
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within t,w'enty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail. :
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
The date of service of this rule if service was by mail is the date of mailing.
Signature of ~rolhonofary or ~pufy
AOPC 312- 80 COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAl. AND RULE TO FILE COMPLAINT
fThis proof of service MUST BE FILED WITHIN FIVE 5/ DAYS AFTER f/Img ~he nofice of appeal. Check applicable boxes
COMMONWEALJ. H OF PENNSYLVANIA
AFFIDAVIT:
Ihereb¥ swea; or c:ffirmthat,lservea
SWORN ~FFIRMED/ AND/'~_UB$CRIBED BEFORE ME
SignatUre of offal before whom alf;da~wa~e ' '
COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
FROM
DISTRICT JUSTICE JUDGMENT
/7
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 mentioned below.
DATE OF JUDGMENT J ' JlN THE CASE OF (IJoinl;if) (Defendant~
/ AB;o,., vs. C,.,-/,,..4
CLAIM NO. J SIGNATURE~)F APPELLANT OR HIS ATTORNEY OR AGENT J J
This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. If appellant was CLaiMANT (see Pa.
No. 1008B.
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
R.C.P.J.P.
No. 1001(6) in action before District Justice,
he MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
Enter rule upon
(Common Pleas No.
RULE: To
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.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).
PRAEClPE: To Prothonotary
I~ ¢.~ O~ ~jO~' ~J"'~ ~l~e.t-~J'~'$1'~.~j appellee(s), to file a complaint in this appeal
~/ame of appellee(s) /
/ 7 ~ /~ ~7 )within twenty (20)'days after service of rule or suffer entry of judgment of non pros.
SignatUre ~>f appellant~r his attorney or agent
appellee(s).
Name~f 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 WILL BE ENTERED AGAINST YOU.
(3)~Th~ate of se~ice of this rule if service was by mail is the date of mailing.
Date: 19~_~.
Signature o~D e,~,,~,~.~
AOPC312-80 COl.,JilT 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 FIVE (5~ DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT: I hereby swear or affirm that I served
and further that I served the Rule to
whom the;R~l~ was a~ddressed o~-
h~ail, sen'~er"s ~ecei:pt ~tta'dh~l' her'e~t~.
a copy of the Notice of Appeal, Common Pleas No. upon the District Justice de,.ig~c~Ted therein on
fdate of service). 19 , ~] by personal service ~ by, certified Iregist~?ed'~ mc~il, sender's
receipt attached hereto, and upon the appellee, (name)~_ .. :Z. ~- ' ~ ' ~' on
19.__~r-"~ by personal, service, tr~ ~· by ('certified)(regiStered., rn. afl, s~nc~er% recoup~. :t?c ~ bed hereto.
File a Complaint accompanying t'he'o~ove Notice of Appeo~, ~por~ :~e app~:i!ee,~l to
, 19__,[~ by personal service 'b J b), icer~ificJ re~*stered)
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 19
S~gnature at affiant
Signature of official before whom affidavit was made
Title of off/cia/
My commission expires on
19
GELCO CARPET CLEANING
'10) Birch Court
Camp Hill~ Pa 17011
761-4444 or 1-800-843-3450
Cumberland OOLJf'l"kv Courthouse
3 S. Hanover St.
Carlisle? Pa 17013
March 6~ 1987
To Whom ,it May Concern:
Geico Carpet Cleaning is ~lithdral~lling its appeal
(Civil Suit #17) against Ac,~ion Sports Advertising.
Please stop all oroceedings immediatly.
Thank you,
Douglas B. gelbeugh
O~.,'~n e r
NICK DUNPHY, JR. d/b/a
ACTION SPORTS ADVERTISING
Plaintiff
V.
DOUGLAS B. GELBAUGH d/b/a
GELCO CARPET CLEANING,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
17 Civil 1987
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 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 BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
Cumberland County Courthouse
Third Floor
Carlisle, PA 17013
(717) 697-0371
HEDGER & HEDGER
Raymond C. Hedger, Jr.
Attorney for Plaintiff
NICK DUNPHY, JR. d/b/a
ACTION SPORTS ADVERTISING
Plaintiff
V.
DOUGLAS B. GELBAUGH d/b/a
GELCO CARPET CLEANING,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
17 Civil 1987
COMES NOW, Nick Dunphy, Jr., d/b/a Action Sports Advertising, by his
attorneys, Hedger & Hedger, and avers as follows:
1. Plaintiff, NICK DUNPHY, JR., is an adult individual residing at 224
North Second Street, Harrisburg, Pennsylvania.
2. Defendant, DOUGLAS B. GELBAUGH, is an adult individual residing at
103 Birch Court, Camp Hill, Pennsylvania.
3. At all times hereinafter relevant, plaintiff was engaged in
soliciting, creating, producing and displaying advertising signs under the
business name "Action Sports Advertising".
4. At all times hereinafter relevant, DOUGLAS B. GELBAUGH conducted
business under the name "Gelco Carpet Cleaning" at 103 Birch Court, Camp
Hill, PA 17011.
5. On or about December 31, 1985, plaintiff and defendant entered into
that certain "Advertiser Agreement" whereby plaintiff agreed to produce and
cause to be displayed in various public locations certain advertisements for
Gelco Carpet Cleaning. A true copy of this Advertiser Agreement is attached
hereto as Exhibit A and made a part hereof.
6. Plaintiff rendered services to defendant in accordance with, and in
complete fulfillment of the aforesaid contract.
7. Defendant agreed to pay plaintiff a total of $1,265.00 for
plaintiff's services as set forth hereinabove.
8. To date, defendant has paid to plaintiff only the sum of $553.00 on
account of plaintiff's services as set forth hereinabove, leaving a balance
due by defendant to plaintiff in the amount of $712.00.
9. Although duly demanded, defendant has neglected and refused to pay
to plaintiff the aforesaid $712.00, or any part thereof.
WHEREFORE, plaintiff demands judgment against defendant in the amount
of $712.00 plus the costs and disbursements of this action, together with
such other and further relief as to this Court may appear just and proper.
Respectfully submitted,
HEDGER & HEGER
Raymond C. Hedger, Jr.
Attorney for Plaintiff
801 East Park Drive, Suite B
Harrisburg, PA 17111
(717) 564-7200
k~~.Action Sports Advertising.
Nick Dunphy. Jr.
125 Gettysburg Pike
/-~~%~-~,' Mechanicsburg, Pa 17055
~ ~'t'~E~'¢-' 717 697 8695
--
ADVERTISER AGREEMENT
Subject lo the terms and conditions stated herein, please enter order for advertising on the
/0.7'A ,Co,' r"0 t'~'''
B)MaI¢~ ~.,," /~.,~¢A//...,~ for a period of Dlmonlh D 3 consecutive months
6 consecutive months ~lil~2 consecutive months
(Type
of
Program)
~/~&~,~~YTzk'[jZ~E ,~.SL~,/.,.~.~::~. ~Lc_,.,?~.r~m the date of delivery ,o:
~,enter / ' City State
Advertiser [ Area Code Advertiser's Phone Number
I//I ,/20//,
Advertiser's Address Slate Zip
Approximate Starting Date (J/'~ ~'/
[] ~.N P..c.m- (t0%l ~,scoum ^.~ow.~ .o..u~ .^YM.m ^CCOMP*NY,NG ~H,S
[] M,N,MUM ON.-H^.. (~1 ~O~A. P..C. ACCO~.^N..S ~H,S O.~...A~ANC~ OU. U.ON ..C.,P~ O. ,NVO,C~.
THIS CONTRACT IS NON-CANCELLABLE DURING THE CONTRACT PERIOD.
ADVERTISER ACKNOWLEDGES FULL AND COMPLETE UNDERSTANDING OF THE TERMS CONTAINED HEREIN.
GENERAL COPY: Art and Production Expense, including design and layout, shall be charged Io the advertiser al the prevailing rate.
Excessive copy or artwork warrants additional charges.
· 'gl:~-~¢e--d ,cc ~ ,"t c?r{l~eject -an y*adve r tisemen H~. a-S"'O'rt;-at-a~yA, ime,.- a nd~ wi t h e u tlia bility';'-, avert tho ug h-p r e¥iously-
.. n a ~:~. ~,,/~;
Positioning signs, i..~.,s at of, Action,except requests preferred acknowledged accepted by
of
the_discretion
where
foP-a
and
Action in writing. ~ ~.~ [--~;~ CO(~ ~, ~o(~.
The advertiser, when requesting a new sign be made, will be billed for pro~tOction charges at tl'ie prevailing rate,
ADVERTISER further acknowledges that any verbal commitment or any promise, statement or representation, other than contained herein has not
been relied upon, and hereby acknowledges receipt of a copy of this contract,
Upon failure or neglect of the advertiser to pay as stipulated, and in the event it becomes necessary to have an attorney make demand for paymenl, the
advertiser agrees to pay reasonable attorney's fees and all other collection costs incurred by ACTION.
A monthly delinquency charge of 1 1/2% will be added to unpaid balances each month past 30 days delinquent.
tAdvertising Copy add Specifications as per authorized copy-layout attached to this contract.
SETTLEMENT and RECEIPT
CHECKS MUST BE MADE PAYABLE TO ACTION SPORTS ADVERTISING, INC.
Ad Price ....................................... $
Less Discount .................................. -$
Net Price ....................................... $ /3//'/'
roduction Charges
~,ed StatuT ~V Title
/lb~ ~ P,,~I Aulhori~d Name -
Less
Payment
O~,) IMPORTANT'. COPY OF THIS AGREEMENT I~ RECEIPT OF PAYMENT
Balance Due Upon /~/~' ,~ MADE. ONLY AMOUNT PAID UPON SIGNING IS ALLOWED TO BE
~ /~ ~ ·
Receipt of Invoic~j ............................. =. ' RECORDED AS PAID.
Receipt of $ t/I/D. _2~ paymenl made this dale FICE USE ~ NOTATION:
rn AA-8/84 *' 1984 Aclion Sporls Advertising, Inc
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
AFFIDAVIT
Before me, the undersigned authority, there appeared NICK DUNPHY, JR.,
who, being sworn according to law, deposes and says that he is the Plaintiff
herein, that he is familiar with the facts averred in the foregoing
Complaint, and that they are true and correct to the best of his knowledge,
information and belief.
Sworn to and subscribed
befor~me this~l_~flday
of ~~A~I., 1987.
My Commission Expires:
KIMBERLY M. KELLY, P;OTARY PUBLIC
HARRISgU~g, I.~Af.;~i:;f,~ COI, tNTY
E~Y C0~I,~?.-'~ ~'?' ~:~ AUG. 3. 1987
Mem~l, ;,:~;;:~ :va::J,: ,~c~ation of Notaries
Nick Dunphy, Jr.
CERTIFICATE OF SERVICE
I hereby certify that on this the ~day of January, 1987, I
Kimberly M. Kelly, served the within Complaint by mailing a true copy
thereof with sufficient postage, in the United States mail to:
Mr. Douglas B. Gelbaugh
Gelco Carpet Cleaning
103 Birch Court
Camp Hill, PA 17011