HomeMy WebLinkAbout06-0151
GUMMUNWIZALIN Ur reNNO
COURT OF COMMON PLEAS
Judicial District, County Of
C1,Cm8EQLA/V-b
NOTICE OF APPEAL
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.
N 1D r_D BLYCT?I ? ? 'rLT IG/?SfJDL fc, -l _ 3 ._ C)3 I S' C) _s44 ? D)4 y
ADDRESS OF APPELLANT
C). 04)( / CITY
006 19EL c s L0 u) STATE
?ss7- vi ?? c i.V/ /Ir ZIP CODE
?z
DATE OF JUDGMENT r•
1?o e, y, ? o? IN THE CASE OF (Vlainem
G`/fJ77+lr? A, 14EN1:t7 (DefentlaM)'
/a lN%1goc Csf
tt t4lsi,?cce
nnruPr u., SIGNA7 E OF APPEU ANI' ATTORN R AGENT
C V -(? f?C, j?? - C???
This block will be signed ONLY when this notation is required under Pad
R.C.P.D.J. 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.
Sgnafure o/Piofhorrofary ar Deputy
was Claimant (see Pa.
before a District Justice, A COMPLAINT
(20) days after filing the NOTICE of APPEAL.
BE FILED within twenty
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..I. 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 cf A.) -1-7? / 4- ftf/ , /16-A.; (? I appeliee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. within twenty (20) days aft ervice_oo a or suffer try of jud ant of non pros.
f y wgnamre or ,am m anomey .,.gem
RULE: To /L) 7W I, t4 1 J?L= tiI r6appellee(s)
Name or 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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: Jao 9 , zoQ(p
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTI TRANSCRIPT FORM WITH THIS NOTICE
AOPC 312-02
APPEAL.
WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW- APPELLANT'S COPY
PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE
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 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 . 20
Signature of afant
Signature ofoffioW before whom affidavit was made
Title of official
My commission expires on ..... 40,
C7 =
CD
rr •: - -ry
? rr
!tom rye, 7 c:>
>C;
Ul
vl
COMMONWEALTH OF PENNSYLVANIA
rnl INITV nF CUMBERLAND
Mag
09-3-03
MDJ Name: Han.
SUSAN X. DAY
Address' 229 MILL ST, BOX 167
MT. HOLLY SPRINGS, PA
Telephone: (7 17 I 486-7672 17065
NOTICE OF JUDGMENT17RANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rHENRY, CYNTHIA M
120 PEACH LANE
CARLISLE, PA 17013
L J
VS.
DEFENDANT: NAME and ADDRESS
`HAROLD BERTHY/ESCORT LEASING CO.
P.O. BOX 1000
DELLSLOW, WV 26531
L
HAROLD BERTHY/ESCORT LEASING CO.
P.O. BOX 1000 Docket No.: CV-0000343-05
DELLSLOW, WV 26531 Date Filed: 10/25/05
THIS IS TO NOTIFY YOU THAT:
wss?m s 'rm,±?fpVT DT.TR
Judgment:
® Judgment was entered for: (Name) 1rEx2Vev,irruTA
® Judgment was entered against: (Name) a+nn* n RERTHyJEBr0RT L1ls9TUC, t-
in the amount of $ 1 aaa _ na on:
? Defendants are jointly and severally liable.
? 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 $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK 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.
2- 9 6 5 Date
I certify that this is a true
Date
, Magisterial District Judge
correct copy of the reco}d of thb proceedings containing the judgment.
(Date of Judgment) 12/na/nR
(Date & Time)
Amount of Judgment $
Judgment Costs $
Interest on Judgment $
Attorney Fees $
Total $
Post Judgment Credits $
Post Judgment Costs $
------------
Certified Judgment Total $
, Magisterial District Judge
My commission expires first Monday of January, 2010 . SEAL
AOPC 315-05 DATE PRINTED: 12/12/05 10:02:56 AM
C)
"
h: ?'
f1
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 D/ 0
? 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, 20-
Signature of aKant
Signature of official before whom affidavit was made
Title of official
My commission expires on , 20
COURT OF COMMON PLEAS
Judicial District, County Of
COMMON PLEAS No. r ,-
NOTICE OF APPEAL
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
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.
rv., 11 111L,.I MN , UIJ I. NU. NNMt Ut U.J.
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.
If appellant was
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Sgrefure olFrofhonalary w0eputy
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 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 ofa Itant or attomeyor agent
1
RULE: To appellees)
Name of appellea(s)
(1) You are notified;lhat 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.
) i
Date: 200(p
Signature of7rotho tary or Deputy
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
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PLAINTIFF. CYNTHIA HENRY
120 PEACH LANE
CARLISLE, PA 17013
DEFENDANT: HAROLD BERTHY/ESCORT LEASING COMPANY
P.O. BOX 1000
DELLSLOW, WV 26531
DOCKET NO. CV-0000343-05 _. 0 ?,- / S- /
COMPLAINT
1 AM ASKING THAT YOU UPHOLD THE JUDGMENT DISTRICT JUSTICE DAY HAS
ORDERED AGAINST MR. HAROLD BERTHY OF ESCORT LEASING COMPANY OF
MORGANTOWN, WV. MR. BERTHY DID KNOWINGLY AND UNLAWFULLY SEND AN EMPLOYEE,
MR. RANDALL MILBURN, ONTO THE ROADWAYS OF PENNSYLVANIA WITHOUT INSURANCE
ON HIS COMPANY VEHICLE. SEE ATTACHED EXHIBIT "A."
MR. MILBURN WAS ESCORTING A "WIDE LOAD" BEING HAULED BY MR. GARY
MCLEMORE OF MERCER TRANSPORTATION COMPANY OF KENTUCKY. MR MILBURN DID
CAUSE AN ACCIDENT WITH MYSELF ON ROUTE 11 AND NEAR OR AT ENTRANCE RAMP TO
INTERSTATE 81 SOUTH AS INDICATED ON ATTACHED EXHIBIT "B."
SARGEANT KINGSBOROUGH OF MIDDLESEX TOWNSHIP WAS CALLED TO THE
SCENE OF THE ACCIDENT VIA MR. MILBURN'S CELL PHONE. IN THE INTERIM, MR. MILBURN
CALLED HIS EMPLOYER TO INFORM HIM OF THE ACCIDENT. WHEN MR. MILBURN GOT OUT
OF HIS VEHICLE, HE CHANGED HIS MIND CONCERNING THE POLICE AND ASKED IF MR.
BERTHY COULD TAKE CARE OF THIS ACCIDENT WITHOUT INVOLVING POLICE OR
INSURANCE COMPANIES, I AGREED. WHEN SARGEANT KINGSBOROUGH ARRIVED,
(PAGE 1)
,t
?.
? ";, C n7 !; ?7
,- ?
I
Acordia Claima Management
,120 Federal Street
P.O. Box 1439 (ZIP 24701-1439)
Bluefield, WV 24701
voice: 304.325.0600
Fax: 304.324.0132
www.aeordia.com
April 29, 2005
Harold Berthy
Escort Leasing
P.O. Box 1000
Dellslow, WV 26531
Re: Policy No.: ANW28270271
Loss Date: 2-11-05
Claimant: Cynthia Henry
Dear Mr. Berthy:
Enclosed is information we have received from Cynthia Henry regarding damage to her vehicle
caused on February 11, 2005. Our records indicate that your policy with New Hampshire
Insurance (referenced above) cancelled on May 10, 2004 for non-payment of premium, and was
not reinstated. Please forward the enclosed information to your current insurance carrier.
If you have any questions, or if we can assist you in any way, please do not hesitate to contact
the Claims Center at 866-271-4087.
Sincerely,
Erika McInturff
Claim Representative
/em
Enclosures
cc: Cynthia Henry w/o enclosures
120 Peach Lane
Carlisle, PA 17013
A Wells Fargo Company AMemee or rsww?k_
b,
OW ppw TW O? O
N N 0
N -' O _ O.t?-5 C 0 0
\
D 'S -- ES Q a I-M M O T O Q N
SJ --- JC it (Q a l A h T 7 C UI
N -? N Li .. Q r-t C? H ? O \
C ur O --w Cl -r .i O
?m o.. _ m0 0
-iQ-- AO m
N
?
S N m O Q N N? J D
aN Z
G
, H
Jc0 0
-ti
O
N N
T.
7 H
M
?
CO
o J
N OVV 6
..p
f0
, S
o ma -1w cn
hCN
W N
?
I
A.+Z]ti
C G d D V W J G O
01l O 0 N 'l W J ?+_ Z
9 0 N 3 w G N f?l
O
M Z 3 'p SJ W (
JI
Z .i to
H
3
,
`G D -Ct7
wtOJ ti
Me,
c>om .. N n -Inm cn icomma
c c
Q a
O Q N N O
CT M
O Cn
U1 < Z
C Z N p p?
? O u •. N
In In a? 11 N
N N O f{?E9 ?I '+
N m N di fA ?: O fAdi 69 U T w
- O 01O
A a n N.+ O
Z
w
=
-O w 0 O?
O 11 (A O N A
`C N UI O Ln
UI U Ul n O O UI O M- O
3
U.S. Postal Servicew
CERTIFIED MAIL RECE IPT
n
Ln (Domestic Man Only; No insur ance coverage Provided)
Ln •
0 8 I? tC S
1 e $ 30
60
Posta
,
-i .
g
M Gemmed Fae
0
D Return Receipt Fee 31.75 RG D
O (Endorsement AequVetl) -D 6J
30.00
Re Il AZ
O aed)
(E
iT
ra
65
54
ru .
dd..
Total Postage & Fees $
o sank era yr a /?S,
---------------- - ---
g
a:` ax /y39
aoe te
a
r
64Y J
Cty See, Y_ -----
a
tructions
I
PS ForM 31300. June 21102 S ns
ee Reverse for
COMMONWEALTH OF PENNSYLVANIA
° COUNTY OF: CUMBERLAND
Mad. Dist No
09-3-G3
MG, Name. Hon
SUSAN A. DAY
Addf- 229 MILL ST, BOX 167
MT. HOLLY SPRINGS, PA
Te[.Vho.e (717) 486-7672 17065
f
A 4 61
CIVIL ACTION
HEARING NOTICE
PLAINTIFF: NAME a,d ADDRESS
'HENRY, CYNTHIA M
120 PEACH LANE
CARLISLE, PA 17013
L
vs.
DEFENDANT: NAME and ADDRESS
FKAROLD BERTHY/ESCORT LEASING CO.
1358 GREEN BAG RD.
MORGANTOWN, WV 26505
7
J
7
L J
CYNTHIA M. HENRY
43-05
120 PEACH LANE Docket No.: 10003
CARLISLE, PA 17013 Date Filed 10/25/05
A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for:
Date: 12/09/05 Place: DISTRICT COURT 09-3-03
229 MILL ST, BOX 167
Tme: 9:00 AM r MT. HOLLY SPRINGS, PA 17065
717-486-7672
NOTICE TO DEFENDANT
If you intend to enter a defense to this complaint, you should so 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 magisterial district judge jurisdiction ahd which you intend
to assert at the hearing, you must file it on a complaint form at this office at least five days befo,e the date set
.,..r the hearing.
Pursuant to Pa.R.C.P.D.J. No. 342(B)(2), no claim: by the defendant will be permitted in a supp!cmentary action
tried for failuic ui fu.u; ;,?-,ent creditor to enter satisfaction.
NOTICE TO PLAINTIFF
Pursuant to Pa.R.C.P.D.J. No. 318, you or your attorney will be notified if the defendant gives notice of his/her
intention to defend.
If you are disabled and equire 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.
DATE PRINTED: 10/25/05 3:12.05 PM
AOPC 3086-05 -
r W, L1111 IJa.
i 09-3-03
1 naci Ivailie rmo.
SUSAN K. DAY
23,5_ ILL ST, OX I
MT. E[OLLY-SPRINGS,-
("I L 7) 4f36-T67 -
-? PLAINTIFF. I?nlnt-aod nnunr-,:'s _
r CYNTHIA M. HENRY
120 PEACH LANE
CARLISLE, PA 17013
- _ ?EELI JD/N r- vawr-a, d-a?nak,.?-- -
AMOUNT- DATF PAID
HLINC, COSTS T.
63.50 __
POSTAGE
SERVICE COSTS $ CONSTAB
LEED.
aTAL y _ 72.00 10 { 25 { 05 _
HAROLD BERTHY/ESCORT LEASING CO.
1358 GREEN BAG RD.
MORGANTOWN, WV 26505
L
Docket No 7. CV-343-05
Date Filed: 10-25-05
Pa.R.CP.D.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 $ 1,776. 03 _ together wit
costs upon the following claim (Civil fines must include citation of the statute or ordinance
violated):
PLEASE SEE ATTACHED PAGE
I,_ CYNTHIA M. HENRY 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 Cric`es Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities.
Pfaintilf ar Au[horiz Ayenl)
F la in tiff's
Attorney
Telephone_
Addres:
IF YOl1 IP!TEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU Si ;OULD NO-11IFY THIS OFFICE IMMEDIATE
T1-1 IE ABOVE. TELE_PHOf4E NUMBER. YOU MUST APPEAR AT THE I!LARIN(a AND 'I=tC:: ENT YOUR DEVEt-i:;
? Mil-F DC'. JL1D?:MENT MAY BE ENTERED AGAINST YOU By DCFAULF.
It you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which
you it Prid to.asserl at the hearing, you must file it on a complains form at this office, at least fivo clays
befo e the date sel for the hearing.
If you are disabled and require a reasonable a Gornmodation to gain access to the magisterial District
Court and its services, please contact the €utogisterial [District Ccerrt at the above addressor
telephone number. We are unable to provide transportation,
A6F0 Soar.-U5
WHERE ACCIDENT OCCURRED: RTE 11 SOUTH AT ENTRANCE TO 81 SOUTH
DATE/TIME OF ACCIDENT: 2-11-05 APPROX. 9:50AM
YEAR/MAKE OF VEHICLE: 98 VW RABBIT
I WAS SITTING IN THE RIGHT HAND LANE AT RED LIGHT, GOING TO MAKE RIGHT
TURN AT NEXT RED LIGHT TO GO HOME. PICK UP TRUCK DRIVEN BY RANDALL MILBURN
OF WEST VIRGINIA, FOR ESCORT LEASING CO. OF MORGANTOWN, WEST VIRGINIA.
MR. MILBURN WAS IN LEFT LANE AND MISSED THE EXIT TO 81 SB. THAT IS WHEN HE
TURNED INTO MY DRIVERS SIDE DOOR. MR. MILBURN INSISTS ON CALLING MIDDLESEX
TOWNSHIP POLICE, WHICH I HAD NO QUARREL WITH. MR. MILBURN DID CONTACT HIS
EMPLOYER TO NOTIFY OF ACCIDENT AND THEN HE ASKED ME IF MR. BERTHY COULD JUST
TAKE CARE OF THE COSTS. SGT. KINGSBOROUGH CAME TO THE SCENE OF THE ACCIDENT,
ASKED IF ANYONE WAS DEAD, THEN PROCEDED TO NOTIFY US THAT AN ACCIDENT REPORT
WAS NOT REQUIRED IN PENNSYLVANIA IF THERE WERE NO INJURIES. SGT. KINGSBOROUGH
ASKED IF WE EXCHANGED INSURANCE INFORMATION AND I SAID YES. WHEN 7 TRIED
TO SUBMIT THE INlURAL'CE CT,AIM, ACORDIA INSURANCE OF BLUEFIELD WV IMFORMED ME
THAT MR. BERTHYS INSURANCE WAS CANCELLED FOR NON PAYMENT.
'4
COMMONWEALTH OF PENNSYLVANIA
` cni INITv nF CUMBERLAND
Mai Jni Na
09-3-03
MI J Nam' Hon
SUSAN X. DAY
Ao°"„ 229 MILL ST, BOX 167
MT. HOLLY SPRINGS, PA
0 (717) 486-7672 17065
NOTICE OFJUDGMENT/TRANSCRIPT
' CIVIL CASE
PLAINTIFF
NAMEaAd ADDRESS _
FEMY, CYNTHIA M
120 PEACH LANE
CARLISLE, PA 17013
L -
vs.
DEFENDANT'. NAME and ADDRE SS _
rHAROLD BERTHY/ESCORT LEASING CO.
P.O, BOX 1000
DELLSLOW, WV 26531
HAROLD BERTHY/ESCORT LEASING CO. L
P.O. BOX 1000 DocketNo.: CV-0000343-05
DELLSLOW, WV 26531 Date Filed: 10/25/05
,e
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFADLT JIIDCIT PLTF _
? Judgment was entered for: (Name) RRURVy-rwmTA
® Judgment was entered against: (Name) ARO .n RXRTRY/8C ORT .RARTNG Co _
in the amount of $ 1, 84N _ 03 on
? Defendants are jointly and severally liable.
? Damages will be assessed on:
? This case dismissed without prejudice.
Amount of Judgment Subject to
? Attachment/42 Pa.C.S. § 8127 $
F7 Portion of Judgment for physical
damages arising out of residential
lease $
(Date of Judgment) 12/D9tog;
(Date 8 Time)
Amount of Judgment $ 1.776.03
Judgment Costs $ 72.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 1,848.0
3
Post Judgment Credits $
Post Judgment Costs $
------------
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK 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.
?? ¢YSS Date Magisterial District Judge
I certify that this is a true nd correct copy of the reco d of t proceedings containing the judgment.
Date Magisterial District Judge
My commission expires first Monday of January, 2010. SEAL
AOPC 315-05 DATE PRINTED: 12/12/05 10:02:56 AN
c
Judicial District, County Of
GUMMUNWEAL IM UI' 1'ENNb
COURT OF COMMON PLEAS
OF APPEAL
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
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 UY AYrtLIANI j
.' .. , 1 . I se°, 7 . ,.r.
r' - +, •
J
r7 .> 1 ?
77'7 d ; )?? . 1.
ADDRESS OF APPELLAHr CITY STATE Lp CODE
J... I..: ( , i e, I, G 4"A) e ; .,' r:. I I/ J if' I.
DATE OF JUDGMENT
r: r'
'"'«
.
:
? t IN THE CASE OF(Pk.109)
?
•r?
( ?-t
l>a
,?:,??/ taereMreny
t#" '=arm ,
I
:d
??'?
? ;-
1,?,,,'.,?.?,
?
x
p,
_ ?,?
,;
fo +
Fa
>
t ?
This. block will be signed ONLY when this notation is required Under Pa R appellant was Claimant (see Pa: 'R.C.P.Q:,
' R.C.P.D-J. No. 1008B.
" This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT Musi
SUPERSEDFAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Sleneta.&PWh--t.y?
twenly
PRAECIPE TO ENTER RULE TO FILECOMPLAINT AND ;RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pe.R.C.P.D.J. No. 7001(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 it f!.J J'jfY r rr X Y //
AJ ' y appelree(s), to file a complaint in this appeal
Name of appeffmis)
(Common Pleas No. within twenty (20) days after
Irvice of rule or suffereritry of judgment of non pros.
....,.,..RULE: To 'f .' r )" f ; 1 11144" -i C_ I... `
Na" of appall"(s)
(t) You are nofi6ed,, Wby entered upon you to fife a complaint in this appeal within twenty (20) days after the date otservics
of this rule upon yoQ n6l as ioey?r*certifred or registered mail.
X144 p
(2) If you dYd-a A complaint wilfii ti fjrna, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
3 The di
() ;rervicBebf ths?.rule jf•sert+ir? pis by mall is the date of the meting. '
?
Elate: 20 Slghat"ofpfo& 1 ry'orDepLay.
YOU MUST INp b9-*AU0Ft4,j0F NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OFAPPEAL.
AOPC 312.02
WRITE-COURT FILE. TO BE FILED WITH PROTHONOTARY. GREEN-COURTFILE YELLOW-APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD • COPY TO BE SERVED ON U(STRICT JUSTICE
s
0
?
LCA
b
?O
l?0
P
M
O I
?i
<e o
?, 2 N O
O
CG d
C',a
c\ so JIZj 1 1
h
m
m
M
M
C3
O
O
Rl
r?
r - - C3
m
O
N
S
m I
t ?
?8g
t "\
nv
\ 1
N
e
+1
14:t
i1'?
r-? i..)
?[l
r?
'? L
? -
r:1 ?
??
l1
?
"
1
.. ??
<.
.. (?.:.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PLAINTIFF: CYNTHIA HENRY
120 PEACH LANE,
CARLISLE, PA 17013
VS.
DEFENDANT: HEROLD BERTHY, JR./ESCORT LEASING CO.
P. O. BOX 1000,
DELLSLOW, WV 26531
DOCKET NO: CV-0000343-05106-151
CERTIFICATE OF SERVICE
I, Herold Berthy, Jr. defendant herein, do hereby certify that a copy of the foregoing
ANSWER was served on the following by mailing a true copy thereof by United
States Mail, postage prepaid on this the 23' day of March, 2006.
Cynthia Henry
120 Peach Lane,
Carlisle, PA 17013
Pro Se
P. O. Box 1093,
Morgantown, WV 26505
304.296.6000
304.276.8000 (cell)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PLAINTIFF: CYNTHIA HENRY
120 PEACH LANE,
CARLISLE, PA 17013
VS.
DEFENDANT: HAROLD BERTHY/ESCORT LEASING COMPANY (sic)
HEROLD BERTHY, JR./ESCORT LEASING CO.
P. O. BOX 1000,
DELLSLOW, WV 26531
DOCKET NO: CV-0000343-05/06-151
ANSWER
COMES NOW the DEFENDANT in the above styled action and avers the
following:
DEFENDANT herein DENIES the allegations contained in the COMPLAINT filed in the above
styled action, and avers as follows:
THE FACTS: On or about February 11, 2005, at approximately 9:45 AM, Mr. Randall Milburn
was proceeding West on US 1 I in the close vicinity of I-81 North and South in Cumberland
County, Commonwealth of Pennsylvania. He was exercising his duties as an oversize load
escort as follows. The particular load in question was an overheight load which had exited I-81
South to visit the Flying J truck stop located adjacent to the intersection of the above routes.
This load was operated by Mr. Gary McLemore, an employee/contractor with Mercer
Transportation Company of Kentucky. Mr. Milburn was operating a GMC Sierra `h ton pickup
truck owned by the undersigned DEFENDANT herein.
Having finished whatever business was to be transacted at the aforementioned truck stop, Mr.
Milburn was leading the overheight load back West on US 11 in direct proximity to the I-81
overpass. Whereas US 11 passes beneath I-81 at this point, Mr. Milburn was exercising his
duties as an overheight escort by detecting critical height of the overpass the load was to pass
beneath, AS REQUIRED by Section 179.10 of the Pennsylvania Code, at paragraph (13)(1)0).
Both the load and Mr. Milburn's escort vehicle were proceeding at an extremely slow rate of
speed, as required by the above action, intending to exit US 11 West onto the ramp to re-enter
I-81 South.
WHEREUPON, Plaintiff herein did pass the oversize load and the escort vehicle, ON THE
RIGHT, and did strike the DEFENDANT'S vehicle operated by Mr. Milburn, inflicting minor
damage to both vehicles, with no injuries to either party. Plaintiff herein performed the above
acts in apparent violation of PA. C. S Paragraph 3304(a)(2), (passing on the right), and in
obvious violation of PA. C. S. Paragraph 3304(b), referencing passing in safety. Further,
Plaintiff herein may have been in direct violation of PA. C. S. Paragraph 3303 (a) "shall pass to
the left of the other vehicle at a safe distance..." and paragraph 3303 (b) "...at all other times, an
audible signal."
Shortly thereafter, a Sergeant Kingsborough, apparently from the Pennsylvania State Police,
arrived on scene, and since there were no injuries, declined to file an official police report. Sgt.
Kingsborough did apparently note on an unofficial basis that it seemed that both parties might
be equally responsible and should each arrange for his own repairs.
FURTHER: Defendant's vehicle, as operated by Mr. Milburn, was (and is) a properly
constituted escort vehicle as described and required by various provisions of Section 179.10 of
the Pennsylvania Code, being equipped with:
1. An approved light bar, containing amber flashing strobe and rotating lights, six
(6) in number, substantially in excess of the Commonwealth's requirements;
2. Two red flags mounted at approximately eye level, on to each side of the escort
vehicle, in excess of the Commonwealth's requirements;
3. Clean yellow warning signs containing the words "OVERSIZE LOAD" in black
letters in excess of the Commonwealth's requirements, on both front and rear of
the escort vehicle.
Thus, said escort vehicle was and should have been plainly visible to traffic approaching from
either direction and particularly to traffic approaching from the rear. In addition, before passing
the escort vehicle, Plaintiff herein must have passed the oversize vehicle, which was also
properly equipped with amber lighting, flags and signs as required by the above statutes, and
therefore should have further been forewarned of the existence of an exceptional traffic
situation. Plaintiffs damages were admittedly to the left portion of her vehicle, thereby
confirming the above facts. Additionally, the mere presence of an abundance of warning flags,
lights and signs on a clear and sunny day should have been sufficient to place any reasonable
prudent person on particular alert to unusual traffic situations.
WHEREFORE, Defendant herein pleads that the court DISMISS the action based on the fact
that Plaintiff herein has not established that the basis for an action exists, and in addition, has not
established that she is entitled to judgement for and damages herein.
Defendant further pleads that the court DISMISS the action herein upon the pleadings and the
facts contained therein, and failing that, to set this action for speedy trial so that the parties may
quickly dispose of this matted
Pro
Herold Berthy, Jr.
P. O. Box 1093,
Morgantown, WV 26505
304.296.6000
304.276.8000
ri r ,>
Ti
'?i .' - _
_ -{
L..
y
/ i__
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumbertalab Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
S CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
WITH ESPONSE - THE ABOVE
INTENTION TO PROCEED AND
ACCORDANCE WITH PA
CASE IS HEREBY TERM
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