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Home My WebLink About06-52934 COMMONWEALTH OF PENNSYLVANIA 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. ,ABBESS O APPELLANT TY STATE ZI ODE V1 tl1 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' p?j C -P 1111 IN , k?,.c.. - c 1'z. F. C'. L?. L. -r"C rt I?tt1r.-, ?r??f ire DOCKEfiNd. l SIGNATc1kj^ •, E?. kkA 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 Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after tiling the 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.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 R y ?c %. -- Tt- A eCA CI ??8 -A Q appellee(s), to file a complaint in this appeal 3 ?? Name of appellee(s) (Common Pleas No. ?' ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. I azure of appellant or attorney or agent RULE: To appellee(s) Name of appellees) (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ! 20 Sig azure of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT 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 PROOF OF SERVICE OF NOTICE OFAPPEAL 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 affiant Signature of official before whom affidavit was made Title of official My commission expires on _ , 20 c.n ? I/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBSR MD Mag. Dist. Na 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 KATHY LEE HOBBLE 4900 RT. 209 ELIZABETHVILLE, NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 5WERICHOICE FEDERAL CREDIT UNION 20 SPORTING GREEN DRIVE MECHANICSBURG, PA 17050 L J vs. DEFENDANT: NAME and ADDRESS I-KALEE-S CUSTOM CATERING, ET AL. 4900 RT. 209 ELIZABETHVILLE, PA 17023 L J Docket No.: CV-0000395-06 PA 17023 Date Filed: 6/30/06 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) . in the amount of $ 1,350.9 8/17/06 AMERICHOICE FEDERALCREDIT UNIO HOBBLE, KATHY LEE F] Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time F] 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 $. Amount of Judgment $ 1,230.42 Judgment Costs $_ 120.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,350.921 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 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. x t ;. Date Magisterial District ;?edge I certify that this is a true an correct copy of the record of the pr ceedings containing.the judgment'7 V Date ,... Magisterial District Judge r My commission expires first Monday of January, 2010 w SEAL,,, AOPC 315-06 AMERICHOICE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. :2006- 5293 CIVIL TERM LEEANN WITMAN AND KATHY LEE HUBBLE, INDIVIDUALLY AND T/A KALEE'S CUSTOM CATERING, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. 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. A judgment may also be entered against you for any other claim or relief requested in these papers 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. Court Administrator Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 JOHNN KOP CKY, ESQUIRE Supreme Court ID #53147 300 North Second Street, $`h Floor Harrisburg, PA 17101 (717)221-1111 Attorney for Plaintiff AMERICHOICE FEDERAL CREDIT UNION, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. :2006- 5293 LEEANN WITMAN AND KATHY LEE HUBBLE, INDIVIDUALLY AND T/A KALEE'S CUSTOM CATERING, Defendants COMPLAINT CIVIL TERM AND NOW, comes the Plaintiff, by and through its attorneys The Shagin Law Group LLC, and respectfully avers the following in support of its Complaint: 1. Plaintiff is AmeriChoice Federal Credit Union, a Pennsylvania Credit Union doing business at 20 Sporting Green Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendants are Leean Witman and Kathy Lee Hubble, adult individuals who currently trade as Kalee's Custom Catering, 4900 RT 209, Elizabethville, Pennsylvania. 3. The Defendants had a checking account, Account Number 38916-1, with the Plaintiff, which has accumulated a negative balance, as funds were paid out for the benefit of the Defendants by the Plaintiff; a copy of said Ledger is attached hereto and made a part hereof and marked as Exhibit "A." 4. Because of this negative balance, Defendants were to pay to the Plaintiff the sum $945.71, for the funds that had been advanced on their behalf by the Plaintiff. 5. The Defendants have therefore defaulted under the terms of the agreement with the Plaintiff by failing to pay the required negative balance as stated above. 6. Despite repeated demands for payment, the Defendants owes and continue to owe said sum to Plaintiff. 7. In addition, pursuant to the terms and conditions of the account agreement, Defendants are to pay all costs of collecting the amount owed under the Agreement, including reasonable attorney fees which total $284.71, plus the costs of the underlying suit, which total $120.50. WHEREFORE, Plaintiff demands judgment in favor of the Plaintiff and against the Defendants in the amount of $1350.92, plus interest, all attorney fees, and the costs of this suit.. Respectfully submitted, Jo J. Ko ecky, E re Supreme Court ID #53147 300 North Second Street, 8" Floor Harrisburg, PA 17101 (717) 221-1111 uct-U3-2006 09:02 AmeriChoice FCU - SG 717-591.9695 MS2{7 OAS BETH AMERICHOICE FEDERAL ICREDIT UNION Transaction List Account/Suffix... 38916 1 Name... (S=Select, O=OverDraft) S Eff Date Ref/C.k Description 7'C 2 8131106 8316 DTVTD9N'D 12 _ 8110106 49093 CHG OFF JV104909 12 _ V a 010 6 49093 REV ATM FEES DAL 22 _ 8110106 49093 14X25 REV FEES 12 8110106 48618 RETURND DEP ITEM 15 8104106 45947 DEPOSIT 02 w 6104106 45905 REVERSED 45703 15 _ 8104106 45703 CHG OFF 12 8104106 45905 REVERSED 45703 15 8104106 45703 2X20 12 8104106 45905 REVERSED 45703 15 8104106 45703 xS ZZ$ 12 _ 5130106 9944 TO 38916-13 15 _ 4130106 566343 ATM Xfer To 13 13 _ 4130106 566338 ATM Xfer To 13 13 t * ?-to .010 nby S CU'ST'OM CATERING ).n Amnt . 08 555.71 40.00 350.00 1400.00- L400. 00 555.71- 555.71 40.00- 40.00 350.00- 350.00 945. 71- 68.30- 680. 00- Bal After 5.08 5.00 550.72- 590.72- 940.71- 45-9.2-9 940.72- 385.00- 940.72- 900.71- 940.72- 590.71- 940.71- 5.00 73.30 er 10103106 09:00:31 2nterest Br TI 00 DV 05 32 05 32 05 32 05 48 05 32 05 32 05 32 05 32 05 32 05 32 05 32 05 32 AT AT r vi ev 11 t Yt} 10 COMMONWEALTH OF PENNSYLVA COUNTY OF CUMBERLAND :S I verify that the statements made in 1 understand that false statements here C.S. Section 4904 relating to unsworr QL2 DATED: J aa 'a. t. cj- _j f-n co w SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-05293 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICHOICE FEDERAL CREDIT UNI VS WITMAN LEEANN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WITMAN LEEANN but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE in his bailiwick. He therefore County, Pennsylvania, to On November 13th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 59.25 Postage 1.74 97.99 11/13/2006 SHAGIN LAW GROUP So answe Thomas K ne Sheriff of Cumberland County 11/l4/tr6 Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-05293 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICHOICE FEDERAL CREDIT UNI VS WITMAN LEEANN ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HUBBLE KATHY LEE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 13th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 nn So answe R. Thomas Kline Sheriff of Cumberland County 1 V . V V 11/13/2006 SHAGIN LAW GROUP Sworn and subscribe to before me this day of A. D. s In The Court of Common Pleas of Cumberland County, Pennsylvania Americhoice Federal Credit Union vs. Leeann Witman et al SERVE: Leeann Witman No. 06-5293 civil Now, October 26:, 2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known.to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA (j)££ne of *e $Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : AMERICHOICE FEDERAL CREDIT UNION vs County of Dauphin HUBBLE KATHY LEE Sheriff's Return No. 1762-T - - -2006 OTHER COUNTY NO. 2006-5293 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for WITMAN LEEANN the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, November 1, 2006 DEF HAS NOT BEEN AT THIS ADDRESS FOR ABOUT 3 MONTHS; SHE LIVES ON S. 2ND STREET IN LYKINS, BUT # IS UNKNOWN. Sworn and subscribed to before me this 6TH day of NOVEMBER, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 So Answers, lc- Sheriff of Dauphin Colfun?ty, Pa. 0011.. tf/ By Deputy Sheriff Sheriff's Costs:$59.25 PD 10/30/2006 RCPT NO 223002 WONG k The-Court of Common ]Pleas of Cumberland County, Penlosylvahia Americhoice Federal .Credit Union VS. Leeann Witman et al SERVE: Kathy Lee Hubble No. 06-5293 civil Now, October 26:, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of copy of the original Sworn and subscribed before me this day of , 20 o'clock M. served the COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA (off-cc Of t4e o$heriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania AMERICHOICE FEDERAL CREDIT UNION vs County of Dauphin HUBBLE KATHY LEE Sheriff's Return No. 1762-T - - -2006 OTHER COUNTY NO. 2006-5293 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RUBBLE KATHY LEE the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, November 1, 2006 NEED BETTER ADDRESS; BUMBLE BEE HOLLOW GOLF CENTER IS CLOSED FOR SEASON; DEFENDANTS KATHY LEE HUBBLE & LEEANN WITMAN HAVE NOT BEEN AT THIS ADDRESS FOR 3 MONTHS; LEEANN LIVES ON SOUTH 2ND STREET, LYKINS, BUT ADDRESS # IS UNKNOWN. Sworn and subscribed to So Answers, before me this 3RD day of NOVEMBER, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 Sheriff of Dauphin County, Pa. io-W ,. X-e..ttw ev 10 By Deputy Sheriff Sheriff's Costs:$59.25 PD 10/30/2006 RCPT NO 223002 WONG Curtis R. Long Prothonotary e)fflce of tb, protbonfitarp curaberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike solicitor 0-6 z??_CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER M 'IE I THE OATC OF INTENTION TO PROCEED AND RECEIVING NO WITH PREJUDI?SIN ACCORDANCE WITH PA CASE IS HEREBY TERMINATE 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