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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No, Of., - I {.,(..,!; C;u,L ~I
NOTICE OF APPEAL
Notice is given that the appellant has flied in the above Court of Common Pleas an appeal from the judgment rendered by the Dis-
trict Justice on the date and in the case mentioned below.
ADDRESS OF APPELlANT
;.<./ c./-D 6 f+A-"'l
DATE OF JUOGMENT
02- ...2 '1-0& J1.1~I-C:..
CLAIM NO.
CV YEAR ()OOOO;J.. '-/ -olp
brt/vl:;;'
IN THE CASE OF (Pl.AINTJFF)
CITY
~ij S' l~-
MAG. 015T. NO. OR NAME OF D.J.
09-/-03
NAME OF APPELLANT
J () Ci:. H-tJ ():' reM H-cwkM fftJl.) 5rlru.. fI1,jLJ (}a;f..A.
SC.1-H;JiZvl
STATE
fA
10EFE;Nii.!,WJ.
JO'''{cc t+uv!. roVl ,
VS, \K.,tJ Cto
SIGNAT~RE OF AP~?OR AGEN
J.A-~:s IV. MMttA-Wl.
ZIP CODE
17c/3
MUI...f.,(.LJ
sJi'1-(
LT YEAR
This block will be signed ONLY when this notation is required under PA,
R.C.P.J.P. 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,
If appel/ant was Claimant (see PA R.CPJP.
No. 1001 (6)) in action before districf Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
::;Ignmure or r-romonotary or uepury
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 Prothonotary
Enter rule upon J1A 4(LC-
SCHOEOvL.
Name of appellee(s)
, appellee(s). to file a complaint in this appeal
RULE:
To
. appellee(s)
Name of 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
alter 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
UPON PRAECIPE.
(3) The dale of service of this rule if service was by mail is the date of the mailing.
Date: fY) 'cJ f)I"
d.~
, Year ;;}LY'.Jc-..
~ArhO
P ~~uJ----
Signature of thonotary or Deputy
White
Green
Yellow
Pink
Gold
Prothonotary Copy
Court File Copy
Appeiant's Copy
Appellee Copy
D.J,Copy
Proth, - 76
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 the notice 01 appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
; ss
AFFIDAVIT: I hereby swear or affirm that I served
o a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of servicel _________,~._.' year , Oby personal service Oby (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, {name ________u_. on
____________, year _m____.' 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto.
o - and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on __, _._ ___ ____._, year ____, 0 by personal service Dby (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS
DAY OF
,YEAR
Signature 0/ Affiant
Signature of official before whom affidavit was made
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My commission expires on ___~_ _____., year_____.
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\ ., t:DMMONWEALTH OF PENNSYLVANIA
COUNTY OF' CUMBBIlLAlIID
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
09-1-03
PLAINTIFF:
'sCHOD, MARC
616 BRPOIlD ROAD
CAMP BILL, PA 17011
L
NAME and ADDRESS
-,
Mag. Dist No
MDJ Name Hon
RICIIARD S. DOUGHBRTY
Addco" 98 8 DOLA DR 8TB 1
BROLA, PA
.J
VS.
T",phoo, (717) 728-2805
17025
DEFENDANT: NAME and ADDRESS
IaOUSTOlll, JOYCB, BT AL.
421 CROGHA1II' DRIVE
CARLISLB, PA 17013
L
-,
BOWARD BOU8TOlll
421 CROGIlAJII DRIVE
CARLISLB, PA 17013
Docket No.: CV-0000024-06
Date Filed: 1/17/06
.J
db
THIS IS TO NOTIFY YOU THAT:
Judgment:
[i] Judgment was entered for:
DEI!'AULT JODmnnPr PLTI!'
(Name) At"JI'nlnr. MaRl"
[i] Judgment was entered against: (Name) Jl'OtTA'I'OIll, .TOVl!P:
in the amount of $
A 17~ AO on:
(Date of Judgment)
2/24/0';
. .
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. S 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $ 8.000.00
Judgment Costs $ 173.80
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 8,173.80
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 RUNG 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 JUDGMENTfTRANSCRIPT 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 MA Y 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,
SElTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
d);}2/ )(1 r> Date
, Magisterial District Judge
rCiceedings containing the judgment.
Date
, Magisterial District Judge
My commission expires first Monday of January, 2012
SEAL
AOPC 315.05
DATB PRIIIITBD:
3/07/06
2:12:47 PM
. .
"'+~MMONWEALTH OF PENNSYLVANIA
,~
COUNTY OF: C1JIIBBRT.AlIID
Mag. Ois( No :
NOTICE OF JUDGMENTfTRANSCRIPT
CIVIL CASE
NAME and ADDRESS
,
09-1-03
PLAINTIFF:
'sCBOD, MAR.C
616 BUOIlD ROAD
CAMP BILL, PA 17011
L
-1
MDJ Name: Hon
RJ:CBARD S. DOUGBERTY
Add"" 98 S BIIlOLA DR STB 1
DOLA, PA
VS.
Te"phooo (717) 728-2805
17025
DEFENDANT: NAME and ADDRESS
'BOUSTOR, JOYCB, BT AL.
421 CROGBAR DRJ:VE
CARLISLB, PA 17013
L
,
BOWARD BOUSTOR
421 CROGBAR DRIVE
CARLISLB, PA 17013
Docket No.:
Date Filed:
CV-0000024-06
1/17/(j6
,
-1
.
rl'1I518TO NOtiFY YOU 'THAT:
Judgment:
DEP'ADLT JUDaM1nIM' PLTlI'
[i]
[i]
Judgment was entered for:
(Name)
al"'A'nlnlJ',
Ma.'R~
Judgment was entered against: (Name)
1I0URTOIiI
anW2Lvn
in the amount of $
A,17:\ AD on:
(Date of Judgment)
2/24/05
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Dale & Time)
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. S 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $ 8.000.00
Judgment Costs $ 173.80
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 8,173.80
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 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 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.
Date
, Magisterial District Judge
roceedings containing the jUdgment
I certify that this is a true and correct copy
Date
, Magisterial Dis/rict JJ)dge
My commission expires first Monday of January, 2012
SEAL
AOPC 315.05
DATE PRIlIITBD:
2/24/06
1:12:06 PM
a'. -t't:lMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBEIit.LAlIID
eEt.'C
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
;(' - Z%-I!J~
09-1-03
PLAINTIFF:
'sCHOD, MAR.C
616 BltFOJlD ROAD
CAMP BILL, PA 17011
L
NAME and ADDRESS
J
Mag, Dist, No.
MDJ Name: Hon
RICBAllD S. DOUGBERTY
Add"" 98 S DOLA DR STE 1
DOLA, PA
.J
VS,
T",pho", (717) 728-2805
17025
DEFENDANT: NAME and ADDRESS
Ii:OUSTOR, JOYCE, ET AL.
421 CROGllAR DRIVE
CARLISLE, PA 17013
L
J
JOYCE BOUSTOR
421 CROGBAR DRIVE
CARLISLE, PA 17013
Docket No.: CV-0000024-06
Date Filed: 1/17/06
.J
'*
THIS IS TO NOTIFY YOU THAT:
Judgment:
[!J Judgment was entered for:
DKI!'JlDLT :nmmnn.... PLTI!'
(Name)
at!R'n1!V I 11& 'D~
[!J Judgment was entered against: (Name) RODRTO., C'1l0T.J.
in the amount of $
A 1"1'1 AO on:
(Date of Judgment)
2/24/0!;
. .
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. !l8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $ 8.000.00
Judgment Costs $ 173.80
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 8,173.80
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BV 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 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 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.
I certify that this is a true and correct copy
Date
, Magisterial District Judge
I '
'--"1 '.,"~ i "
"'>lId l/ !()/..p Date
.
roceedings containing the il.il!gmenl.
, Magisterial Dislricf Judge:
My commission expires first Monday of January, 2012
SEAL
AOPC 315-05
DATE PRIRTED:
2/24/06
1:12:30 PM
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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 the nofice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (? (j wt8 k /1...LA l-I-O
; 55
AFFIDAVIT: I hereby swear or affirm that I served
1'Q' a copy of the Notice of Appeal, Common Pleas No. -----fl ~ - I V (, 6- , upon the District Justice designated therein on
~ (date of service) M~H ~~ ' year. .:J....OO" ,Dby personal service IEby(Certified})(I~gJi!lt8r-~) ~ail, sender's
receipt attached hereto. and upon the appellee, (name M.....\l-C S c 1-10 ~v1 _ ,on
fJ1klZ...c)f -< ~ ,year ::J...OD(, , D by personal service .l2(by<<CertifiedJJ(la~i.C1tJ3r8r;1) mail, sender's receipt attached hereto.
~. and further that I served the Rule to File a Complaint a::ompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on y\4A-(Lc. H Ol_ ~ ,year .;L/) (J 1I, D by personal service ~bY ~~ 8. ')
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS cf}.~ DAY OF J1IJ~I2.cH . YEAR 0l..01J I. '
{#
/' ,f~:!'~- k-.. t'._< :
(Sign re of official before whom affidavit was made
r
Signature of Affiant
o T.,ftL't
Pi/I!. y' t.-
My commission expires on
,year ~_.
.....,,'4';..___
I HO'f.WN.5EAL
, JAMES A. MILq:R, ~ PuIIIIc
, Ca/!lP HIU loRI, ClIllIIeItaIid ~
My COmmIssIon ~AprlI30, 2009
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COMMONWEALTH OF PENNSYLVANIA
NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
DISTRICT JUSTICE JUDGMENT
JUDICIAL DISTRICT
COMMON PLEAS No, ()" c
t'
,
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 Dis-
trict Justice on the date and in the case mentioned below.
NAME OF APPELLA.NT
MAG. 015T. NO. OR NAME OF D.J.
J /) C~ ;+ 6 U 'JiJ.1 HuwAl-tJ J+t;u: rdir( ,fvt(,) r..:r:Ot..ft /-I(;U5 )v(
ADDRESS OF APPELLANT CITY
4J.. I C,LD MfA "l D y,- 11/1=- ~.Jw(.i:.1 <; t.t;--
<)7-1-
,
STATE
J
/".
ZIP CODE
'i ,(
DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) , 0 (( c!Jf/I!'fif1!.1"f(}v A-<U)
,'--, L/ - {)(I' I't.1~ f-. ':... "' "H\C::'c{ VS. H-tlA f/'V'\.. rt.A"j \._'tn~- ft~;,);;r( ,(
~- - ~\... Vi--
CLAIM NO, tJOOOO.;!. '-I-Oil' SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT
CV YEAR -- ;I /_
'f"'c/,,(k'
L T YEAR , ~/.7\ f -.....__..,..._~".__ ..~-__
---" -~_.- - -j/~- .J-'~ ..::, 0/. A 8. i/,A rt .4 ,"'-
This block will be signed ONLY when this notation is required under PA. II appellant was Claimant (see PA R.C.P.J.P.
R.C.P.J.P. No. 1008B.
This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he
A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL
:)qnarure 0/ J-'rornonOlary or uepufy
-
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 Prothonotary
Enter rule upon j ?i/ ,,4 (L t.
~c:. t+O E: v<..
Name of appellee(s)
, appellee(s). to file a complaint in this appeal
(Common Pleas No. ()I." - I G L .s
/1 - '--Ti'-
',--I .___,l ! L_ ~ ~j'"). \
\
) within twenty (20) days after service of rule or suffer entry of j gment of non pros.
..".r. ~,
Signature of appellant or his attorney or agent
RULE: To
l~l+iLi~ ....-OcH-Ot. ."L
Name of appellee(s)
. 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
UPON .PRAECIPE.
(3) The dljte of service of this ruie if service was by mail is the date of the mailing.
;
Date: (II n, : ,
-<?
0< '- ,
,Year cX)cx.Ji",
"
,
r
u.
\', \/h" c"
.'>-' / (~//~, ,,' ,fL",)
Signature of trothonotary or Deputy
White
Green
Yellow
Pink
Gold
Prothonotary Copy
Court File Copy
Appelant's Copy
Appellee Copy
D, J, Copy
Proth. - 76
. Complete items 1, 2, and 3. Also complete
~em 4 ~ Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiaca,
or on the front if space permits.
1. Article Addressed to:
/J J ;(.ICIfArUJ S, Dove tfe)(..:rt
r rr .J' (d~f FJA4A.. /J,:..tw~; ';ie I
jSAOw4, 1.4 I 70:LS
3. SelVice Type
....:Ia""'CertIfledMall
. d Registered
o Insured Mall
o Expn>SS Mall
D Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivety? (Extra Fee) 0 Yes
7003 1680 0001 9210 0871
PS Form 3811, February 2004
Domestic Return Receipt
102595-D2-M-1540
. Complete ~ems 1, 2, and 3. Also complete
i1em 4 If Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front jf space permtts.
1. Article Addressed to:
t{l~r~ S'Cf::W)8-(
G (~ &....A}4] ,{b,A->Q ,
;( , /J117DI/
C;4ut1' 'H-iL.L f~ t
3. ~Ice Type
~~lfied Mall [J Express Mall
o Registered 0 Return Receipt for Merchanc
o InSUred Mall 0 C.O.D.
4. Restrlcted Delivery? (Extra Fee) 0 Yes
7003 1680 0001 9210 0888
PS Form 3811, FebNary 2004
Domestic Retum Receipt
102595-02-M-150
MARC SCHOEN, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 06-1665
JOYCE HOUSTON, CEOLA HOUSTON:
AND HOWARD HOUSTON, CIVIL ACTION - LAW
DEFENDANT JURY TRIAL DEMAND
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013.3308
(717) 249-3166
MARC SCHOEN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
VS.
NO. 06-1665
JOYCE HOUSTON, CEOLA HOUSTON
AND HOWARD HOUSTON,
DEFENDANT
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, Marc Schoen, by and through his attorney, Mark K.
Emery, Esquire, and files this Complaint as follows:
1. Marc Schoen is an adult individual with an address of616 Erford Road, Camp Hill,
Pennsylvania 17011.
2. Defendant Joyce Houston is an adult individual and, based upon information and belief,
has a current address of 421 Croghan Drive, Carlisle, Pennsylvania 17013.
3. Defendant Ceola Houston is an adult individual and, based upon information and belief,
has a current address of 421 Croghan Drive, Carlisle, Pennsylvania 17013.
4, Defendant Howard Houston is an adult individual and, based upon information and belief,
has a current address of 421 Croghan Drive, Carlisle, Pennsylvania 17013.
5, In or about January, 2005 Joyce Houston commenced removing money from the business
account of Marc Schoen by forging Schoen's name of checks,
6. Joyce Houston removed $31,000.00 from the bank accounts of Schoen.
7. At no time was Joyce Houston authorized or permitted to remove these funds.
8. All funds within the business accounts of Schoen were owned solely by Schoen and Joyce
1
Houston had no ownership or other interest in such funds.
9. Joyce Houston utilized such funds to engage in criminal activity and support her drug
addition.
10. Joyce Houston has admitted to this theft and did begin make restitution to Schoen.
11, All monies paid to Schoen as restitution for the amounts stolen by Joyce Houston were
made by the parents of Joyce Houston, Howard and Ceola Houston,
12, Pursuant to a written agreement dated January 17,2005, Schoen accepted payments from
Ceola and Howard Houston and in return agreed to safeguard his accounts from further
misuse by Joyce Houston, and agreed to forego prosecuting Joyce Houston. See Exhibit
"A" attached and incorporated fully herein by reference.
13, To date the Houstons have repaid Schoen the amount of $22,000.00.
14. Based upon promises made by Howard and Ceola Houston, Schoen did not move forward
on legal action against Joyce Houston, and did not pursue either the civil or criminal
remedies that were available to him against Joyce Houston.
IS. Despite such agreement between Schoen and Howard and Ceola Houston, Howard and
Ceola Houston have failed and refused to pay the remaining $9,000.00 due Schoen,
16. The last payment made by Howard and Ceola Houston to Schoen was by check number
8360, dated May 10, 2005, in the amount of $2,500.00.
17. After providing such check, the Houstons stopped payment on the check.
18. Howard and Ceola Houston did not advise Schoen that they were intending to stop
payment on the check, or otherwise provide and explanation as to why they stopped
payment on such check.
2
COUNT I
CONVERSION
MARC SCHOEN VS. JOYCE HOUSTON
19. Paragraphs 1 through 14 are incorporated fully herein by reference.
20, Joyce Houston was not authorized to remove monies from Schoen's business accounts,
21. The funds removed from such accounts were owned solely by Schoen and Joyce had no
ownership interest in such funds,
22. To date Joyce Houston has failed and refused to repay the sum of $9,000,00 of the total
$31,000.00 stolen from Schoen's account.
WHEREFORE, Plaintiff, Marc Schoen, respectfully requests this Honorable Court enter
judgement for him and against Joyce Houston in the amount of $9,000.00 plus costs, pre and post
judgment interest and all other relief allowed by law. The said amount requires compulsory
arbitration.
COUNT n
BREACH OF CONTRACT
MARC SCHOEN VS. HOWARD AND CEOLA HOUSTON
23. Paragraphs 1 through 22 are incorporated fully herein by reference.
24. Howard and Ceola Houston entered into a contractual agreement with Schoen whereby
they agreed to make payment of the amounts owed Schoen by Joyce Houston.
25. Howard and Ceola Houston made payments of $22,000.00 under that agreement.
3
26. Howard and Ceola Houston have failed and refused to remit the remaining $9,000.00 that
is due March Schoen.
WHEREFORE, Plaintiff; Marc Schoen, respectfully requests this Honorable Court enter
judgement for him and against Ceola and Howard Houston in the amount of $9,000.00 plus costs,
pre and post judgment interest and all other relief allowed by law. The said amount requires
compulsory arbitration.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By:
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Mark K. Emery, Esquire
Supreme Court I.D. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
DATE: May 2,2005
4
-
January 17, 2005
Marc Schoen by endorsing this check # 8285 dated January 17,
2005 for $5000.00 and check #8280 dated January 17, 2005 for
$4000.00 you agree to the following:
1. You will make sure that Joyce Houston wi!l,.9j>t have
access to your Personal or Business Checking'jtSavings
accounts for the purpose of writing checks or making
withdrawals effective January 17, 2005.
2. If she has the opportunity to access any of the above
referenced accounts, you become personally responsible for
any transactions after January 17, 2005.
3. You will not prosecute Joyce Houston for any transactions
made prior to January 17, 2005 nor will you report these to the
Internal Revenue Service.
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Marc Schoen Construction Inc
January 18, 2005
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VERI FICA TION
I, Marc Schoen, hereby verify that I have read the foregoing Complaint
and that the information contained therein is true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are
subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to
authorities.
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Marc Schoen
DATE: Ly-9-~ '-.OY(
CERTIFICATE OF SERVICE
AND NOW, on this 2nd day of May, 2006, I, Mark K. Emery, Esquire,
hereby certify that I have served the foregoing Complaint by mailing a true and correct
copy by United States first class mail, addressed as follows:
James W. Abraham, Esquire
Abraham Law Offices
2157 Market Street
Camp Hill, PA 17011
LAW OFFICES OF MARK K. EMERY
By:
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Mark K. Emery
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MARC SCHOEN, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 06-1665
JOYCE HOUSTON, CEOLA HOUSTON:
AND HOWARD HOUSTON, CIVIL ACTION - LAW
DEFENDANT JURY TRIAL DEMANDED
JOINT PRAECIPE TO DISMISS WITH PREJUDICE
TO THE PROTHONOTARY:
Please mark this matter Settled, Satisfied and Dismissed with Prejudice.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By:
/;// / /~ -------.'
Mark K. Emery, Esquire
Supreme Court 1.0. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiffs
DATE: 1,) 1- oC
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James W. Abraham, Esquire
2157 Market Street
Camp Hill, PA 17011
(717) 763-1700
Attorney for Defendants
DATE: C(-.2-~ -06
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