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Home My WebLink About01-4612COMMONWEALTH O~ PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT c.,,,o..L,AS .- 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 ond in the case mentioned belov~ John W. Shank and Pauline L. Shank Thomas A. Placey mESS C~ ~U.~,. OT~ ST^r~ ZF CeC~ 170 E, North St. Carlisle PA 17013 LTl9 I t/ / / ' Y /Ic~' -- ' T~s block will be s~jeed ONLY when this notation is required undes' Pa~ R.CRJ~. No /If/~llsnt WaS CLAIMANT (see, t:~. R.C.P.J.P. No. 1008& /~ ..... M T This Notice of Appeol, when received by the District Justice, will ~e~ate as a 1~01(6) inaction before District Justice, he US SUPERSEDEAS to the judgment fo~ possession in this case 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 Prothonotary Enter rolo upon Cluck .. DMD: Dr. Douqlas , appe#ee(s), to file a comploint in this appeal {Common Pleas No (/")J - X'/L 1~ gD~'~/'- ~ FY]i) within twenty (20) days after seeVic~rule o~ ~'~fe~ entry of judgment of non pros. RULE: To ~l~]~k; DMD: Dr. Douqlas ,appdlee(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 cx by certified or mgisterecl mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. Date: ~, )~ 1(3)The date of service of this rule if service was by mail is the date,~./~,~,~. ~-- P'°f mailing.~'~,"~.."J.-~-,L/ ,S/gma~-a' ,~'~a~Dex~ ~312-84 COURT FILE TO BE FILED WITH PROTHONOTARY COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUM~EI~.T.,AN9 Mag. Dist No.: 09-3-04 DJ Name: Hon. MECHANICSBURG, PA Telephone: (717) 761-8230 17050 ATTORNEY DEF PRIVATE LISA OREASON, ESQ. 155 S. HANOVER ST. CARLISLE, PA 17013 CIVIL CASE PLArNTIFF: NAME and ADDRESS FCLUCK, DMD, DR. DOUGLAS 6406 CARLISLE PIKE MECHANICSBU~G, PA 17055 VS. DEFENDANT: NAME and ADDRESS FSHANK, JOHN W, ET AL. 170 E NORTH ST CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CV- 0000250- 01 Date F led: 5/11/01 J _J THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) ~-'] Judgment was entered against: (Name) S~r;~m~_. in the amount of $ s4~ _'73 on: [~] Defendants are jointly and severally liable. ] Damages will be assessed on: --']This case dismissed without prejudice. --']Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ [-~ Levy is stayed for days or ~ generally stayed. ~--~ Objection to levy has been filed and hearing will be held: FOR PLAINTIFF I~.T,TT~.I~': 'r!1~; "n'g 'nnTT~T,A R PA[Tr,T~,T~ L (Date of Judgment) (Date & Time) Amount of Judgment $ 756.23 Judgment Costs $. 90.50 Interest on Judgment $. .00 Attorney Fees $. .0( Total $ 846.73 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ 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 ~_E_ ~ JUD/~/~ ~RI~ ~ORM WITH YOUR NOTICE OF APPEAL. Date ,--.-'~"~,~'z"/~--<,~'~/ ~- "---.,/,-,~-'~" , District Justice I certify that this isa true ar~t correct copy of the record of the proceedings containing the judgment. I I Date , District Justice I I My commission expires first Monday of January, AOPC 315-99 2004 SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist. No: 09 -3-04 [DJ Name: HOn. THOMAS A. PLACEY ~e,s: 104 S. SPORTING HILL RD. MECHANICSBURG, PA Telephone: (717) 761'8230 17050 ATTORNEY DEF PRIVATE : LISA GREASON, ESQ. 155 S. HANOVER ST. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rCLUCK, DMD, DR. DOUGLAS -~ 6406 CAELISLE PIKE MECHANICSBURG, PA 17055 VS. DEFENDANT: NAME and ADDRESS USHANK, JOHN W, ET AL. '~ 170 E NORTH ST CARLISLE, PA 17013 DooketNo.: CV-0000250-01 ~ Date F ed: 5/11/01 THIS IS TO NOTIFY YOU THAT: Judgment: [-~ Judgment was entered for: (Name) ~"] Judgment was entered against: (Name) FOR PT.ATNTIFF I~.T,TTf~.'R': 1'1M1'~: rYR _ Th'*~'n'~**~T.a .~ ~HANK: ~O~N W in the amount of $ on: (Date of Judgment) 7/17/01 F'~ Defendants are jointly and severally liable. r~ Damages will be assessed on: "--]This case dismissed without prejudice. ['~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $. ~ Levy is stayed for days or [] generally stayed. ---]Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ 756.23 Judgment Costs $ 90.5~] Interest on Judgment $ o 0~ Attorney Fees $ .0 I] Total $ 846.73 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total 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 MU ST INCLUDE A COPY OFDate T,~ D~. T/(~~T~ORM WI. TH YOUR NOTICE OF APPEAL., District Justice II codify that this is a true a orrect copy of the record of the p, uueedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2004 SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER firing the notice of appeal. Check applicable boxes COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT: t hereby swear or affirm that I served ~ a copy of the Notice of Appeal, Common PJaas No.(~l" j'~ ~ / ~- --, upb. the District Justice designated therein on (date of service) ~'- J'~ ' ~ ~ , ~ by personal service ~ by (c~ified) (registered) m~il, sender's receipt at~ached hereto, ~nd upon the appellee, (name) ~. ~ ~[~ ~ -_ on ~ J ~ , ~ J ~ by personal service ~ by (ce~ified~ (registered) mail, sender's receipt attached hereto. ~and further that I served the Rule to File a Corn plaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addres~d on ~ -- j ~ , ~1, ~ by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS Signature Certified Fee I~' Return Receipt Fee (Endorsement Required) ~ Restr;ct~d Delive~ Fee ~ Total Po~ag~ & pee~ '~,z_o Certified Fee postmerk r'-I (Endomeme~t Required) r~ [GmC.~_O.~..~.~_.O...~.i...~... ....................................... "'ti.,.~5 ...5.1_.~.0~-.5..~_ ,. ........................................ ca a', s~i~:' ~;,' .......... CHRISTINE L. STAVER, Plaintiff V. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4662 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE ENTRY OF APPEARANCE To the Prothonotary: Kindly enter my appearance on behalf of Defendant, Richard S. Shaver, in the above referenced matter. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Defendant Document #: 213422,1 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Entry of Appearance with reference to the foregoing action by First Class Mail, postage prepaid, this/0 day of August, 2001, on the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Karl R. Hildabrand, Esquire -- Document #.. 213422.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA H. DOUGLAS CLUCK, DMD, Plaintiff JOHN W. SHANK and PAULINE L. SHANK, his wife, Defendants No. 01-4612 Civil Term Civil Action - Law COMPLAINT And now comes the Plaintiff, H. Douglas Cluck, DMD, by and through his attorney, James L. McAneny, and files the following claim pursuant to the Rule issued on the Defendants' appeal from the judgment rendered by District Magistrate Thomas A. Placey: 1. The Plaintiff, Douglas M. Cluck, DMD, is an adult individual resident of the Commonwealth of Pennsylvania, duly licensed to practice dentistry, and who maintains that practice at an office located at 6406 Carlisle Pike, Mechanicsburg, PA 17055. 2. The Defendants, John M. Shank and Pauline L. Shank, his wife, are adult individuals residing within the Commonwealth of Pennsylvania at 170 East North Street, Carlisle, PA 17013. 3. John M. Shank was first seen and treated by the Dr. Cluck on September 30, 1998, for the construction ora full upper denture, which service was completed by the end of October, 1998. 4. The agreed fee for Dr. Cluck's services to Mr. Shank was $600.00. 5. Despite repeated billings and demand therefor, no payment has been made by the Defendants. 6. The unpaid balance of the Shanks' account has accumulated interest at the rate of 1 ~ % per month, in accordance with the Statement of Account attached hereto as Exhibit "A". 7. In December of 2000, the Defendants gave assurances and promises to Credit Plus Collections, the PlalntiWs agent, that payment would be forthcoming. 8. Despite those representations, no payment has been made. 9. The Plaintiff filed a civil complaint in Magisterial District Court No. 09-3- 04, on May 11,2001, to enforce and recover on this claim. 10. On July 17, 2001, judgment was entered thereon in favor of the Plaintiff and against the Defendants in the sum of $846.73, representing the account due plus court costs advanc~ by the Plainti~.. From that judgment, the Defendants appealed. l 1. The Plaintiff remains unpaid for his professional services, and hereby demands payment of the Defendants in the amount of the magistrate's judgment, plus any additional interest and late fees that may come due and any costs incurred in prosecuting this claim through the Defendants' appeal. WHEREFORE, the Plaintiff respectfully prays your Honorable Court to enter judgment in his favor and against the Defendants as set forth in this Complaint. Respectfully submitted, I.D. # 22259 P.O. Box 314, 310 Third Street New Cumberland, PA 17070-0314 (717) 920-0170 FAX (717) 920-0171 Attorney for Plaintiff July 16, 2001 at 10:51p H. Douglas Cluck DMD 1106 Carlisle Road C,~ Hill. PA 17011 (717)303-2600 ACCOXYNT TRANSACTIONS Page I ACCOUNT : 269600. John Shank 09~30/90 ,~m 209601 09 3 3 A 12/31/90 Ac~ou~= 269600 99 1 1 A Finance ~e Transactions continued on next page 600.00 9.00 9.00 9.00 9.00 9.13 9.2'7 9.40 9.54 0,81 10.10 10.26 10.24 10.39 10.55 10.86 PA~NT PAY. ADJ BA~AM~g 600.00 009.00 618,00 618.00 627.00 627.00 636.00 636.00 Exhibit "A" July 16, 2001 at 10=51p H. Douglas Cluck DMD 1106 Carlisle Road Camp Hill, PA 17011 (717)303-2600 ACCOUNT TP~%NSACTIONS Page 2 ACCOUNT : Balance Insurance 269600, John Shank ACCOUNT AGING Current 30 days 60 d~ys 90 days 0.00 0.00 0.00 756.23 0.00 0.00 0.00 0.00 ~56,33 O.00 147,23 609.00 0.O0 0.00 0.00 Credits Total 0.00 756.23 0.00 Account BP Balance $ PATIENT NAME Account John 0.00 PATIENT BALANCES ID 269600 269601 BALANCE 156.23 600.00 INSURANCE 0.00 0.00 AMOUNT DUE 156.23 600.00 VERIFICATION I, H. Douglas Cluck, DMD, Plaimiff named in the foregoing Complaim, do hereby affu'm that the factual statements made therein are tree and corret to the best of my knowledge, information, and belief. I make this affirmation subject to the penalties of 18 Pa.C.S. § 4904 relating to tmswom falsification to authorities. Date: September 24, 2001 CERTIFICATE OF SERVICE The undersigned hereby certifies that copies of the foregoing documem were served by depositing the same in the United States Mail, First-Class postage prepaid, addressed as follows: John W. Shank and Pauline L. Shank 170 East North Street Carlisle, PA 17013 Lisa M. Greason, Esquire Greason Law Office 155 South Hanover Street Carlisle, PA 17013 Date: September 24, 2001 H. DOUGLAS CLUCK, DMD Plaintiff JOHN W. SHANK and PAULINE L. SHANK Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4612 : CIVIL ACTION - Law NOTICE TO PLEAD TO H. Douglas Cluck, DMD Cio James L. McAneny, Esquire You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted GREASON LAW OFFICE Date --50 East 1-tigh~Street Carlisle, PA 17013 (717) 241-3030 Attorney for Defendants H. DOUGLAS CLUCK, DMD Plaintiff JOHN W. SHANK and PAULINE L. SHANK Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4612 CIVIL ACTION - Law PRELIMINARY OBJECTIONS AND NOW COMES Defendants, by and through their attorney, Lisa M. Greason, Esquire and respectfully submits the following objections: COUNT I - FAILURE TO JOIN NECESSARY PARTY 1. UltraVoice is a business in Pennsylvania, having an address of 1161 Lancaster Avenue, BenNyn, PA 19312. 2. UltraVoice contracted with H. Douglas Cluck, DMD, Plaintiff in this case to provide a service to John W. Shank, Defendant. 3. No contract for services was ever established between Plaintiff and Defendants. 4. Plaintiff has only named John W. Shank and Pauline L. Shank as defendants and has failed to name UltraVoice as a defendant. WHEREFORE, UltraVoice is an indispensable party and Plaintiff has failed to join this necessary party. Defendant requests this Honorable Court to direct Plaintiff to attach this necessary party or dismiss this action as against the named Defendants. Respectfully Submitted, GREASON LAW OFFICE Date ~i~aM~t ~i;~s~,¢' EctreetSquire Carlisle, PA 17013 (717) 241-3030 ID #78269 Attorney for Defendants H. DOUGLAS CLUCK, DMD Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND. COUNTY, PENNSYLVANIA v. : NO. 01-4612 JOHN W. SHANK and PAULINE L. SHANK Defendants : CIVIL ACTION - Law AFFIDAVIT OF SERVICE BY MAll., I, Lisa M. Greason, Esquire, being duly sworn according to law, deposes and says that I mailed a copy of the Preliminary Objections filed in this matter by first class mail, upon the Attorney for Plaintiff, on the ,~,n& day of ~ ,2001 at the following address: James L. McAneny P.O. Box 314, 310 Third Street New Cumberland, PA 17070-03!4 Respectfully submitted, GREASON LAW OFFICE Lisa M. Gr~s?~, Esquire Attorney for D~'fendants 50 East High Street Carlisle, PA 17013 (717) 241-3030 ID #78269 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA H. DOUGLAS CLUCK, DMD, Plaintiff JOHN W. SHANK and PAULINE L. SHANK, his wife, Defendants No. 01-4612 Civil Term Civil Action - Law ANSWER TO PRELIMINARY OBJECTIONS The plaintiff responds to the Defendants' preliminmy objections for failure to join a necessary party as follows: 1. ARer reasonable investigation, the plaintiff is without sufficient knowledge to form a belief as to the troth of this unverified factual averment. 2. Denied. The unverified assertion that the plaintiff contracted with UltraVoice to provide dental services to Defendant, John Shank, is denied. To the best of the plaintiff's knowledge, information and belief, UltraVoice purported to be an insurer of John Shank. 3. Denied. John Shank requested the plaintiff to perform dental services, for a fee, and the plaintiff provided those services. 4. It is admitted that the plaimiff has not named UltraVoice as a defendant in this case. However, UltraVoice is no more a necessary party to this action than any other insurer would be. If the defendams wish to assert the liability of UltaVoice, they have the ability to join that entity as an additional defendant. WHEREFORE, the plaintiff respectfully prays that the preliminary objections be denied. Respectfully submitted, Attorney for Plaintiff P.O. Box 314 310 Third Street New Cumberland, PA 17070-0314 (717) 920-0170 VE~F~AT~N I, H. Douglas Cluck, DMD, Plalmiff named in the foregoing Answer to Preliminary Objections, do hereby affirm that the factual statements made therein are true and correct to the best of my knowledge, information, and belie£ I make this affirmation subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: January 15, 2002 CERTIFICATE OF SERVICE The undersigned hereby certifies that copies of the foregoing document were served by depositing the same in the United States Mail, First-Class postage prepaid, addressed as follows: Lisa M. G-reason, Esquire Greason Law Office 50 East High Street Carlisle, PA 17013 Date: January 15, 2002