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HomeMy WebLinkAbout06-0390 COURT OF COMMON PLEAS Judicial District, County Of &,,m be v i cu-Ld NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. C)& - 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. NAME OF APPELLANT MAG. DIST. IN ) - ,- NAME OF D.J. ??11,,,, I n . QI1 h ?IVIal1 l I ADDRESS F AP ELL I CITY TATE ZIP CODE 7 1 c 'r ' e-h Road YI IT DATE 0 JUD MENT IN THE CASE OF (Plainfim (parentl j - ' Q) cl)ail f V s 1 ar>d Ia / lrisr r2c- DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGE NT This block will be signed ONLY when this notation is required under Pa . If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) 47 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 COMPLA T MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of A PEAL. Sgnatu ofProthonotary or Depaly PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO (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 _ at l L S ? ?Str a I rc ra-_ appellee(s), to Ile a complaint in this appeal Name of appellees) (Common Pleas No. ) within twenty (20) days after service of rule or suffer lull RULE: To I ' 1/11( I appellee(s) ?--1? Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty 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 (3) The date of service of this rule if service was by mail is the date of the mailing. Date: J d0 U , 20D b YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH AOPC 312-02 of judgment of non pros. of appellant or attorney or agent days after the date of service YOU. NOTICE OF APPEAL. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST DE FILED VoTNtN TEN (10) DAYS AF t ER fling o€ the notrce c ,r ra:,aL Cr Y F aGd>fica ? rcx:a COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal. Common Pleas No. upon the Distr nr Justlr;e del a r !, d (date of service) . 20 by persona ?crvica sender `s receipt attached hereto, and upon the appellee, (name) (.. 20 [1 by personal service T_: t,r ,certified} ,r< yis,ered> n?aYl, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Snynafore of otflciol beroro whom dflklavit was made T,se of ontcrat My commission expires on 20 r ^e (i ,rt.<,rt 43 AOPC 312A - 92 "6OMMONWEALTH OF PENNSYLVANIA r.nl INTV nF. CUMERLAND Meg. Dlst_ No.. 09-3-02 MDJ Name: Hon. VIVIAN COHICK AddfPss PO BOX 155 27 N BIG SPRING AVE NENVILLE, PA Telephone. (717) 776-3187 17241 MICHAEL/JULIA BLESSING 72 MCALLISTER CHURCH RD CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 1 , 003 _ 00 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 $ NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL C SE NAME and ADDRESS _ 'STRAYER II, CHARLES B 3468 TRINDLE RD CAMP HILL, PA 17011 L DEFENDANT: 'BLESSING, MICHAE 72 MCALLISTER CH CARLISLE, PA 170 L Docket No.: CV-000018 Date Filed: 12/06/05 (Date of Judgment) (Date & Time) Amount of Judgr Judgment Costs Interest on Judgi Attorney Fees Total Post Judgment Post Judgment Certified ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILI OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF A EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRI JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL Fu COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE IV UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGME SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 6/^ / 7` 062 Date I certify that this is a true and correct copy of Date L J NAME and ADDRESS JULIA .CH RD I X% ------------ Total $ A NOTICE JUDGES, IF THE HER PROCESS MUST ISTERIAL DISTRICT JUDGE. E JUDGMENT MAY FILE DEBTOR PAYS IN FULL, terial District Judge record of the proceedings containing the judgment. vial District Judge I My commission expires first Monday of January, 2012 . AOPC 315-05 DATE PAINTED: 1/17/06 11:46:54 AM M r1 ru -Irl m 0 0 0 O M m a 0 r` it ?f `/D III to (E , ?,n a G2 I ? ,? at 1 or Nr Vo . j 1A V/ ^ Pi?GO = OF SERVICE OF t tet ?} BE FILED WfTM; COMN '•cA -ii OF Pi-NNSYt VANI/? COLIN v •:: i?II wbert AFFID AV' ? here')y (swear} (affirm) that i sr; - -; a copy of the Notice of Appeal, G (date <.t ur rr:e)?u? ?' i.? sender's eceipt attached hereto - !f y„ av 2t;, i : gender S r 91pt attached hereto. (SWORN)(A? IRMED)ANYSUBSGRIBEDBEFGF: i_Q DAY QF pcg fy , 20 6II r Wes.. r 4 ?z < ., Er a.. d WlidOee¢?tiStu.' ?., M1 a ??7 M M _ -- ??-? Pusund0. o Cc d XV ?? Fcr?. tZI LQ (F r3 ?lwttlFS ?K?t??F} 0 PEAL AND RULE TO FILE COMPLAINT AFTER filing of the noireE of appeal Check applicable boxes) Gu'??? upon the District Justice designated thprein on bypersonaat ?swvice?c^bY (certiri, )(registered) mail, !(tee (name)..l,.l?iUYlw ,Gl (S r jE on )ersonai service I by {certid) i egtstered) mail, sq'01"re ofoffianf SlgriSturg os oibeia! bef?y /wHbrAa7rK7avat wos m.1w n:re of omcialt ." COMMONWEALTH OF PENNSY., ' h9t- Mycommtssi, expi an POW ftli Tsernia L Pella, Na"PUE I : South k4ddtaogTV,Q Milli dadI! IiIt 1* Gam E*VwSOL 9 11 Member. Peorw0vanla Assotieeon Of r ? '.'.I rin c O CD Sr!.. tv =i cn AOPC 312A - 02 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 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. 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. Slynatura Of Prothonotary or Deputy r NAME OF D.J. STATE ZIP COOS (Defendant)' !NATURE OF APPELLANT OR ATTORNEY Oft AGENT If appellant was Claimant (see Pa. R.C.P.O.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing 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 (Common Pleas No. Name of appellee(s) appellee(s), to file a complaint in this appeal within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature orappellant or attorney or agent RULE: To , appellees) Name of appeffee(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: .., , 20." Signature of Prothonotary or puty YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff CHARLES B. STRAYER, II, Plaintiff V. MICHAEL BLESSING and JULIE BLESSING, husband and wife Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV - 180 - 20}05 0(1 - 396 l i u L?FJ2-Y' 1 CIVIL ACTION - LAW NOTICE TO DEFEND TO THE DEFENDANTS NAMED HEREIN: 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 is 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 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff CHARLES B. STRAYER, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CV - 180 - 2005 MICHAEL BLESSING and JULIE BLESSING, husband and wife CIVIL ACTION - LAW Defendants C O M P L A I N T AND NOW, comes Charles B. Strayer, II, by his attorney, Kenneth F. Lewis, files this complaint and avers as follows: 1. The plaintiff, Charles B. Strayer, II, resides at 3468 Trindle Rd., Camp Hill, Cumberland County, PA 17011. 2. Defendants, Michael and Julie Blessing, reside at 72 McAllister Church Road, Carlisle, Cumberland County, PA 17013. 3. In September of 2004, the Defendant's purchased the home located at 72 McAllister Church Road from Plaintiff and his wife. 4. When the Defendants moved into the aforementioned home, Plaintiff left his Great Dane commercial lawn mower on the premises for their use to see if they wished to purchase it from him. 5. At no time did Plaintiff tell either Defendant they could simply keep the mower without paying for it. 6. The parties spoke by telephone around Thanksgiving of 2005, but when Plaintiff inquired as to the mower, Mr. Blessing simply told him it worked fine, but that they had company and would have to talk later. 7. In the summer of 2005, Plaintiff left numerous telephone messages for Defendants to inquire as to the status of the mower. 8. These calls were never returned by Defendants. 9. In late summer, after the aforementioned calls, Plaintiff called and Mrs. Blessing answered the phone. When Mr. Strayer asked as to the status of the mower, she told him he had "abandoned" it and she would not return it or pay for it. 10. On September 14, 2005 and September 22, 2005, the undersigned attorney wrote letters to the Defendants requesting they either return the mower or pay for it. 11. The Defendants did not respond to either letter. 12. The blue book resale or replacement value of the mower is $3,580.00. , Plaintiff requests judgment as follows: 1) for the return of the mower, plus costs and such further relief as this Honorable Court deems just; or, in the alternative; 2) in the amount of $3,580.00, plus costs and such further relief as this Honorable Court deems just. y submitted, DATE: ZlZle? 1 ,6 KE ETH F. LEWIS Attorney for Plaintiff Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 2-1?'la STIZAYE CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document upon attorney for Defendants by mailing same, postage prepaid at Harrisburg, PA, on February 3, 2006, addressed as follows: Michael J. Whare, Esq. Rominger, Bayley & Whare 155 South Hanover St. Carlisle, PA 17013 DATED: 2/3/06 LEWIS, ESQUIRE r?? L"> i ,? -ri ,? i A-.'? i 1?r} ?:? - i-. t ?, ? fi ' = t ? ` M :j ' ; t < ?? ? __ U'` CHARLES B. STRAYER, :IN THE COURT OF COMMOM PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO: CV-180-2005 V. SUMMARY APPEAL MICHAEL BLESSING and JULIA, BLESSING, as husband and wife : CIVIL ACTION - LAW Defendants NOTICE TO PLEAD TO: Charles B. Strayer, II, C/O KENNETH F. LEWIS, ESQUIRE 11o1 North Front Street Harrisburg, PA 17102 You are hereby notified to file a written response to the enclosed Answer, New Matter & Counterclaim within twenty (2o) days from service hereof or a judgment may be entered against you. Respectfully submitted, Rominger, Bayley and Whare Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant CHARLES B. STRAYER, II, :IN THE COURT OF COMMOM PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO: CV-180-2005 V. MICHAEL BLESSING and JULIA, BLESSING, as husband and wife, Defendants SUMMARY APPEAL CIVIL ACTION DEFENDANT'S ANSWER & NEW MATTER AND NOW, comes Defendant's Michael & Julia Blessing, by and through their attorney, Michael O. Palermo, Jr., Esquire and hereby files the following Answer & New Matter to the Complaint filed by Plaintiff in this matter and avers as follows: I. ANSWER: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in Part; Denied in Part. It is admitted that the Great Dane Commercial Lawn Mower (hereinafter referenced as "mower") has been on Defendant's premises for approximately eighteen (18) months since the sale of the residence. It is denied that said "mower" was left on Defendant's residence for their use to see if they wished to purchase the mower as Plaintiff avers. 5. Denied & strict proof of the same is demanded at trial. 6. Denied & strict proof of the same is demanded at trial. 7. Denied & strict proof of the same is demanded at trial. 8. Admitted as Plaintiff had an unlisted telephone at the time. 9. Denied & strict proof of the same is demanded at trial. 10. Admitted. ii. Admitted. 12. Denied, as Defendant's are without sufficient knowledge of the resale/replacement value of said mower. WHEREFORE, Defendant's respectfully requests a judgment be entered against Plaintiff and for Defendant granting them sole ownership to the mower in question. H. NEW MATTER ABANDONMENT 13. Paragraphs 1-12 are incorporated herein as if fully set forth. 14. Plaintiff sold the residence located at 72 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania to Defendant's on or around September 2004. 15. At the time of said sale, numerous items were left in Defendants house as well as on Defendants property/cartilage. 16. Plaintiff has never made a demand on Defendant's for any of the items in Defendant's house, including a refrigerator, an organ and Plaintiffs family photographs. 17. Plaintiff stated that all of the above listed items on Defendants property were theirs to keep. 18. Said mower was maintained on Defendant's property for approximately eighteen (18) months, twelve (12) of those months without inquiry from Plaintiff. 19. Additionally, when Plaintiff finally inquired about the mower, he simply asked how it was working, Plaintiff at no time proposed a purchase price for said mower until Defendant's received demand letters in September 2005. WHEREFORE, Defendant's respectfully requests that this Court find that Plaintiff constructively abandoned said mower on Defendant's property and is hereby estopped from seeking ownership and or damages for said mower. III COUNTERCLAIM/CLAIM FOR STORAGE/MAINTENANCE COSTS 20. Paragraphs 1-19 are incorporated herein as if fully set forth. 21. The mower in question has been on the property/cartilage of Defendant's for the past eighteen (18) months. 22. Defendant's have since made improvements to said mower in the form of repairing and replacing certain parts, as well as maintaining and protecting said mower from the elements. 23. Defendants have expended their own funds in addition to their own time in caring for and maintaining the mower in question. WHEREFORE, should this Honorable Court rule that the mower must be returned to Plaintiff; Defendants ask that this court award them storage and maintenance costs of seventy-five ($75.00) dollars per month, retroactive from September 2004 to the date of trial in this matter; or any other award or relief as this Honorable Court deems necessary. $-A Date: March # 20o6 Respectfully submitted, ROMINGER, BAYLEY & WHARE Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant CHARLES B. STRAYER, Plaintiff V. MICHAEL BLESSING and JULIA, BLESSING, as husband and wife Defendants IN THE COURT OF COMMOM PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ( (-3r%i) (`/L, 1, L- DOCKET NO: CV-180-2005 SUMMARY APPEAL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Defendant, do hereby certify that I this day served a copy of Defendant's ANSWER, NEW MATTER & COUNTERCLAIM upon the following by depositing same in the. United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Charles B. Strayer C/O KENNETH F. LEWIS, ESQUIRE 11o1 North Front Street Harrisburg, PA 17102 Dated: March Q 2oo6 Respectfully submitted, ROMINGER, BAYLEY & WHARE Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court II) # 93334 Attorney for Defendant VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unswom falsification to authorities. Date: i - ? d _ Michael lessing _ t _. ` `, KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff CHARLES B. STRAYER, II, Plaintiff V. MICHAEL BLESSING and JULIE BLESSING, husband and wife Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-390 CIVIL ACTION - LAW REPLY TO NEW MATTER and COUNTERCLAIM AND NOW, comes Charles B. Strayer, II, by his attorney, Kenneth F. Lewis, files this Complaint and avers as follows: NEW MATTER 13. No response is required. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. It is admitted that the subject mower has been on Defendants' property for over 18 months. Plaintiff has been attempting to get the mower or payment for the mower since the summer of 2005. 19. It is admitted that when Plaintiff called Defendants in November of 2004, the purchase of the mower was not discussed as Plaintiff was told the Defendants had company and the phone call was cut short. COUNTERCLAIM 20. No response is required. 21. Admitted. 22. Plaintiff is without sufficient information, knowledge and/or belief to respond. Strict proof of the averment is demanded. 23. Plaintiff is without sufficient information, knowledge and/or belief to respond. Strict proof of the averment is demanded. WHEREFORE, Plaintiff requests the Court to dismiss Defendants' claim for storage and maintenance costs as frivolous. Respectfully submitted, T DATE: 3/29/06 4 Lo KEN ETH F. LEWIS Att rney for Plaintiff Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 3/29/06 < i"2 CHARLES B. S "1RAi'SI?, II CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document upon attorney for Defendants by mailing same, postage prepaid at Harrisburg, PA, on the date listed below, addressed as follows: Michael O. Palermo, Jr., Rominger, Bayley & Whare 155 South Hanover St. Carlisle, PA 17013 DATED: 3/29/06 Esq. /67 0 - KENN TH . LEWIS, ESQUIRE Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberrarlb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n1n -39n CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA 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