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HomeMy WebLinkAbout01-5254COMMONWEALTH OF PENNSYLVANIA JUDICIAL DISTRICT NOTICE OF APPEAL FKOM DISTRICT JUSTICE JUDGMENT COMMON PLEASNo. ~/ _~-~__/~ ~.~,~..~ NOTICE OF APPEAL Notice is given that the appe#ant has filed in fha above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. CV19 OO00 lq0- O[ This block will be ~igned ONLY when this notation is required under Pa. R.C.RJ.R Nc~ If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10OSB. This Notke of Appeol, when received by the District Justice, will operote as o 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this cas~ FILE A COMPLAINT within twenty ( 20 ) days after filing his NOTICE of APPEAL. Signature of Prothonotary 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.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 Prothonotory Enter rule upon ICommo. Pleo RULE: To (1) You are notified that a rule is hereby entered upon you to file a compiaint in this appeal within twenty (20) days at'mr the date of seevice of this rule upon you by pmsonal service ex, by certified or registered mail (2) ff you do rmt file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule/f service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ( )t~ p~eo~ ~f s~rvce MUST BE FILED WITHN TEN (lC,) DAY.~ AFTER fiiing the notice o[ appeal Check applicab/e boxes) AFFIDAVIT; ~ e~- by swer or affrm that i served , upon the Distric~ Justice designated there n on ¢~71 by personal service ~] by (certified) (registered) n~8il, sender's ................... 19 E~ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto ~ ~ d further that t served the RuIe to File a Complair~t accompanying the above Notice of Appeal upon the aPPellee(s) to whom "~: R ~: w~s ~d~essed or~ , 19 ....... [~.~ by personal service ~ by (ce~f ed) (¢eg~stered) SWORN (AFF XMED} A ¢;-SU¢;a}CR~BEDSEFOREME S¢gnature o~ a~fiant COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-03 SUSAN K. DAY 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA (717) 486-7672 17065 PETER PETSINIS, DEF. 1 5872 MOLLY PITCHER HWY. SHIPPENSBUI~G, PA 17257 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 502 N. BALTIMORE AVE. MT. HOLLY SPRINGS, PA 17065 VS. DEFENDANT: NAME and ADDRESS FPETSINIS, PETER & VASILKI, ET AL. ~ 5872 MOLLY PITCHER HWY. SHIPPENSBURG, PA 17257 L Docket No.: C~- 0000190- 01 Date F ed: 6/21/01 THIS IS TO NOTIFY YOU THAT: Judgment: [-~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) FOR PLAINTIFF in the amount of $ on: (Date of Judgment) ~ Defendants are jointly and severally liable. F--'] Damages will be assessed on: r-]This case dismissed without prejudice. ~] Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~ Levy is stayed for days or ~ generally stayed. F--] Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ 2,000.00 Judgment Costs $ 6zJ. 50 Interest on Judgment $ .00 Attorney Fees $ .00 Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ 2,06~.50 $ 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, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS ~'r~E OF JUDGMENT_~ANSC~T FORM WITH YOUR NOTICE OF APPEAL. ~-~) Date /~.~_ ~~ / ~J , District Justice I certify that this is a true ~/nd correct copy of the reco~d of the/proceedings containing the judgment. I Date ~ , District Justice My commission expires first Monday of January, 200~ SEAL AOPC 315 99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MU$T BE FILED WI THIN TEN (1 O) DA YS AFTER filing the notice of appeal Check applicable boxes COMMONWEALTH OF PENNSYLVANIA COUNTYOF~ C~J~r~C~_~e~ ;ss ~ AFFIDAVIT: i hereby swear or affirm that I served [~' a copy of the Notice of Appeal, Common Pleas No. O ~ - ~'~ ~' ~ , upon the District Justice designated therein on (date of service) ~.~,~ I~,,-I~ -~ eo ~ , [] by pe:~sonal service ~ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (nalrle) ~ (~ e.,%~,'~ ~eEC~I ~'~. I~"~ ,~13~ ~ 19__ [] by personal service [~y (certitied) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rute was addressed on maiD, sender's receipt attached hereto, , 19 ~ [] by personal service [] byx~(¢ertified) (registered) Signature of affiant WILLIAM P. DOUGLAS, ESQUIRE ATTY. I.D. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFF GARY L. QUESENBERRY, INC. V. PETER & VASILIKI PETSINIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CML ACTION - LAW NO. 01-5254 CML 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 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 Dated: DOUGLAS, DOUGLAS & DOUGLAS Attorney for Plaintiff '~ ~ COMPLAINT The Plaintiff, Gary L. Quesenberry, Inc., is a Pennsylvania corporation with a place of business at 502 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. The Defendants, Peter and Vasiliki Petsinis, are adult individuals residing at 5872 Molly Pitcher Highway, Shippensburg, Pennsylvania, 17257. o On or about July 13, 1998, the Defendants signed a promissory note in favor of the Plaintiff, Gary L. Quesenberry, Inc., in the amount of $2,000.00. A copy of the note is attached hereto and made a part hereof. o To date the Plaintiff has made demand upon the Defendants to pay said note, and the Defendants have failed and refused to do so. The Plaintiff hereby makes demand of the payment of $2,000.00 on said promissory note. WHEREFORE, it is prayed that judgment be entered in favor of the Plaintiff, Gary L. Quesenberry, Inc., and against the Defendants in an amount requiring compulsory referral to arbitration together with interest, fees, and costs of suit. DOUGLAS, DOUGLAS & DOUGLAS · . W~lham P. Douglas, E Attorney for Plaintiff ~, \ 27 West High S~eet ~ Carlisle, PA 17013 717-243-1790 AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. $2,000.00 PROMISSORY NOTE Date: July 13, 1998 For value received, the undersigned Peter Petsinis and Vasiliki Petsinis (collectively the "Promisor") each as principal, jointly and severally, promise to pay to the order of Gary L.Quesenberry, Inc (the "Payee"), at 502 N. Baltimore Ave., Mt. Holly Springs, PA 17065, (or at such other p/ace as the Payee may designate in writing) the sum of $2,000.00 with no interest. Unpaid principal after the Due Date shown below shall accrue interest at a rate of 12.00 percent annually until paid. The unpaid principal shall be payable on demand. All payments on this Note shall be applied first in payment of accrued interest and any remainder in payment of principal. The Promisor promises to pay a late charge of $10.00 for each installment that remains unpaid more than 5 day(s) after its due date. This late charge shall be paid as liquidated damages in lieu of actual damages, and not as a penalty. The Promisor reserves the right to prepay this Note (in whole or in part) prior to the Due Date with no prepayment penalty. If any payment obligation under this Note is not paid when due, the Promisor promises to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process. If any of the following events of default occur, this Note and any other obligations of the Promisor to the Payee, shall become due immediately, without damand or notice: 1) the failure of the Promisor to pay the principal and any accrued interest in full on or before the Due Date; 2) the death of the Promisor(s) or Payee(s); 3) the filing of bankruptcy proceedings involving the Promisor as a Debtor; 4) the application for appointment of a receiver for the Promisor; 5) the. making of a general assignment for the benefit of the Promisor's creditors; 6) the insolvency of the Promisor; or 7) the misrepresentatiun by the Promisor to the Payee for the purpose of obtaining or extending credit. ff any of the above defaults apply to one Promisor, a/! Promisors shall be deemed in default of this Note regardless of whether all Promisors are directly involved in the default. If any one or more of the provisions of this Note are detemUned to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operative. All payments of principal and interest on this Note shall be paid in the legal currency of the United States. Promisor waives presentment for payment, protest, and notice of protest and nonpayment of this Note. No renewal or extension of this Note, delay in enforcing any fight of the Payee under this Note, or assignment by Payee of this Note shall affect the liability of the Promisor. All rights of the Payee under this Note are cumulative and may be exercised concurrently or consecutively at the Payee's option. This Note shall be construed in accordance with the laws of the State of PA. Signed this ~ day of ./,~/~ .~ c t~ / Peter Petsinis Vasiliki Patsinis By: Vasiliki Petsinis ASSIGNMENT For value received, the above Note is assigned and transferred to (City) (State/province) (Country) ("Assignee") of -2- WILLIAM P. DOUGLAS, ESQUIRE ATTORNEY I.D. 37926 DOUGLAS, DOUGLAS, & DOUGLAS 27 W. HIGH ST. P.O.BOX 261 CARLISLE, PA. 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFF VS. PETER & VASILIKI PETSINIS GARY L. QUESENBERRY, INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION LAW : NO. 01-5254 CIVIL TERM Praecipe to Enter Default [udgment This is to certify that on October 1, 2001 a copy of the complaint in the above captioned matter was served upon the defendants by first class postage prepaid U.S. Mail. This is to further certify that on January 31, 2002, the attached Notice of Default was sent to Peter and Vasiliki Petsinis at their address at 5872 Molly Pitcher Highway, Shippensburg, PA 17257, in accordance with Pa. R.C.P. 237.1. Please enter a default judgment against Peter and Vasiliki Petsinis in the amount of $2,000.00 for their failure to enter an appearance or file a written answer to the complaint. William P. Douglas, E§qTair~ February 19, 2002 WILLIAM P. DOUGLAS, ESQUIRE ATTY. I.D. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFF GARY L. QUESENBERRY, INC. V. PETER & VASILH<I PETSINIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CML ACTION - LAW NO. 01-5254 CIVIL TERM To.' Peter and Vasiliki Petslni~ 5872 Molly Pitcher Highway Shippensburg, PA 17257 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE 'YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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 OI~'THIs NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANTRIGHTS. 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. Legal Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 _DO~UG,L,~iS, DOU~I_~rK.& DOUGLAS Attorney for Plaintiff 27 West High Street P.O. Box 261 Carlisle, PA 17013 717-243-1790 Date: January 31, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: VS. TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment ( ) Other File No. 0 t-~- z_ Iq Amount Due~ 7_ Interest Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of ~,,~-~,~,-~,..~. for debt, interest and costs, upon the following described property of the defendant(s) County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Date (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ~1 t~-r~, 2o02._ Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ.