HomeMy WebLinkAbout02-2527C .OM~ ~N~flALTH OF PEN#SYLVANIA
COURT Of COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS N~ 02--252'7 CIVIL
NOTICE OF APPEAL
Notice is given that the al~k~nt has filed in the above Court of Common P~eas an appeal from the judgment rendered by the D~str~ Justice off the
da~ and in the case ~ bele~
This block will be s~ed O~LY when this notation is required under Pa. R.C.PJP. NG
1008B.
This Notice of Appeal, when rece~ed by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possess~an in this case
~igr~ture of Protl~ono~ry o~ Deputy
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001 ( 6 ) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form fo 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, de~ach from copy of notice of appeal fo be served upon appellee).
PRAECIPE: To Prothonotary
Entmrdeupan L~'~--~%~'~'~ "~_~"~ ~.~'"'~'~J ,app4dlee(s),tofileacomp~,aintinthisapped
(Common Pleas ~ 02-2527 CIVIL TERM ) wlthJn twenty (20) days after service of rule oc suffer.entry of judgment of non
RULE: To ~..~0~'~'~"'~.. ~'_~"~/~(~'~'q ,oppellee(s).
(1) Yau are notified that a role is he~ entered upon you to fi~e a compJaint in this appeal within twenty (20) days aftra the dote of
service of this rule upofl you by pmsonol service c~ by certified o~ registered mail
(2) If you do not file a complaint within this time, a JUDGMENT OF ~ PROS W1LL BE ENTERED AGAINST YOU.
(3) ~, ~ of .,,~o of this ,,le
·
AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
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 of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA ,
COUNTY OF ........... ................. ; SS
AFFIDAVIT: J hereby swear or affirm that r served
[] a copy of the Notice of Appeal, Common Pleas No,
(date of service)
, upon the B'i~trict Justice'designated therein on
receipt attached hereto, and upon the appellee, (nam-~' [] by personal service [] by (certified) (registered) mail, sender's
, on
., [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto.
[] 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 ...... [] by personal service [] by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBEB BEFORE ME
THIS DAY OF
..................... ~i'~nature
My commission expires on
~;OMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CU~'.mERLAND
09-3-01
HAROLD E. BENDER
81 WALNUT BOTTOM ROAD
P.O. BOX 361
SHIPPENSBURG, PA
T.,.p~*..: (717) 532'7676
17257-0361
HAROLD E. BENDER
81 WALNUT BOTTOM ROAD
P.O. BOX 361
SHIPPENSBURG, PA 17257-0361
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME a~d ADDRESS
~IRIZARRY, VALERIE
P. O. BOX 553
3 BRITTON ROAD
~HIPPENSBURG, PA 17257
VS.
DEFENDANT: NAME a~ AODRESS
FKLI~uINST, MELISSA
M22 MARYLAND AVE
ASPERS, PA 1730~
Docket No.: CV- 0000080 - 02
Date Filed: 3/21/02
THIS IS TO NOTIFY YOU THAT:
Judgment:
[] Judgment was entered for: (Name)
[] Judgment was entered against: (Name)
in the amount of $ I: Rq'7 _ ~;O on:
Defendants are jointly and severally liable.
Damages will be assessed on:
TgT~gD¥: VAT./~12T~
. This case dismissed without prejudice.
[] Amount of Judgment Subject to
Altachment/Act 5 of 1996 $
[] Levy is stayed for days or [] generally stayed.
]Objection to levy has been filed and hearing will be held:
(Date of Judgment)
4/~4/n~
(Date & Time)
Amount of Judgment $ 1. 825.00
Judgment Costs $ 72 o 50
Interest on Judgment $. .00
Attorney Fees $ .00
Total $ 1~ 897.50
Post Judgment Cred ts $.
'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 THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
~"*~ ~-~' ~/' Date . ~ , District .Justice
IIcedify that this is a true and correct copy of the record of the the
proceedings
containing
judgment.
Date , District Justice
My commission expires first Monday of January, 2006
SEAL
AOPC 315-99
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 of appeal Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
f
COU,TY OF....F__L~.,~-~ ................ ; ss
AFFIDAVIT: I hereby swear or affirm that I served
[] a copy of the Notice o,f A, pp,eal, Common Pleas No. ~ , upon the District Justice designated therein on
(date of service)__~..~ .......... ~ ~]- by pers~'~al service [] by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) ., on
[] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto.
[] 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 , __, [] by personal service .1~ by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (~[~FIRMED) AND SUBSCRIBED BEFORE ME
TH, S L"~O~ DAY OF ~,.z~" 'r"72%-)
itle d b~iar .
My commission exp f~s on ' ~' ~ ~ -
~'k ,n .4 .ii .
' "' ~'~J~ l'-
S ~gnature of affiant
Return Receipt Fee
~ (Endorsement Required)
i'-1 Restricted Delivery Fee
~ (Endorsement Required)
Total Po~tage & Fees
m
~ ISent To ./' I . /"~ ·
r-~ ISt~.i/;i~'~:'i~-.~'~'r'~6'~'~'. .......... -~-~--~.~..¥..~ ......................
jc.~, ~:i ......... '~'"": ........................................................ /
~or~pl~imL
CbMMO~IWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-3-01
DJ Name: Hon
Address: 81 W~T.~T BOTTOM ROAD
P.O. BOX 361
SHI PPENSBGRG, PA
Telephone: (717) 532-7676 17257'0361
VALERIE IRIZARRY
P. O. BOX 553
3 BRITTON ROAD
SHIPPENSBU~G, PA 17257
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
~IRIZAERY, VALERTE ~
P. O. BOX 553
3 BRITTON ROAD
~HIPPI~SBURG, PA 17257
VS.
DEFENDANT: NAME and ADDRESS
rKLINEDINST, MELISSA
M22 MARYLAND AVE
ASPERS, PA 17304
Docket No.: CV-0000080-02
Date Filed: 3/21/02
THIS IS TO NOTIFY YOU THAT:
Judgment:
I-~ Judgment was entered for: (Name)
I-~ Judgment was entered against: (Name)
in the amount of $ I .. Rq"/_ RO on:
[--1 Defendants are jointly and severally liable.
1--~ Damages will be assessed on:
I--~ This case dismissed without prejudice.
~--] Amount of Judgment Subject to
Attachment/Act 5 of 1996 $.
[--1 Levy is stayed for days or ~-] generally stayed.
Objection to levy has been filed and hearing will be held:
FOR PLAINTIFF
TR T g. Ag~': VA?.~gT~
(Date of Judgment)
(Date & Time)
Amount of Judgment $ 1,825.0_(
Judgment Costs $ 72.5(
Interest on Judgment $ .0(
Attorney Fees $. o 0(
Total $ 1,897.5(
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$
$
$
Date:
Time:
Place:
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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
~//' ~) ~' '~,,~- Date ~/~c~-~/~ ~-~ , District Justice
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date , District Justice
My commission expires first Monday of January,
AOPC 315-99
2006 SEAL
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Magisterial District Number: 09-3-01
Plaintiff:
CIVIL COMPLAINT
Valerie Irizarry
P.O. Box 553
3'Britton Road
Shippensburg, PA 17257
District Justice: HON. HAROLD E. BENDER
Address: 81 Walnut Bottom Road
P.O. Box 361
Shippensburg, Pa 17257
Telephone: 717-532-7676
VS
Defendant:Melissa Klinedinst
P. O. Box 344
Bendersville, PA 17306
Docket No: ~,l,/-~0--0~
Date filed: 3/21/02
Amount Date Paid
Filing Costs $72.50 3121102
Serving Costs
TOTAL
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $2,425.00
together with costs upon the following claim (Civil fines must include citation
of the statute or ordinance violated): Melissa signed a payment plan
contract for 2 great danes pups. She breoched both contracts by failinuI
to pay. She also refuses to return the dogs. According to the AKC, I am
the legal owner of both puppies. The dogs are also being kept in
HORRIBLE conditions and Melissa is being investigated by both tho
Acl-,ms and York 8PCA-NIGole Boyer-SPCA Investlgator-2ZS;-O532
or 225-7171. Getting the 2 great dane pups returned to me is the #1
priority.
I, Valerie Irizarry, 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 4004
of the Crimes Code (18 PA. C.S. SS 4904) related to unswom felsifica!ion to authorities.
(Signature of Plainti~ or Aut~rized Age¢
Attorney: Address
/
JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend Io assert at the
hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a
claim against lhe plaintiff which is not within district justice jurisdiction, you may request information from this office as to lhe
procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District Office at
the address above.
Purchase Aureement
Valerie Irizarry (~ller) and !'q~;\%~5~ (Buyer) enter into this
agreement on
1.) Buyers will keep the dog in the house as an inside dog only. If the
dog is found to be living outdoors, the Great Dane puppy/dog will be
relinquished to Valerie Irizarry with no refund giving.
2.) Buyer will provide proof of current residence and if renting will
provide written authorization allowing said puppy/dog to reside at
residence.
3.) Seller retains the right to have Buyer retum puppy/dog to Seller in
the event Buyer can no longer keep puppy/dog.
4.) If Buyer wishes to sell or adopt out puppy/dog, Seller must agree to
potential home or have the right to have puppy/dog returned to Seller.
The above named parties have read and understood the terms of this
agreement.
Purchase A~reement
Valerie Irizarry (Se!let) and ~'~i2~r ~ll fi~dtlO~(Buyer) enter into this
agreement on ~//I/OI ·
1.) Buyers will keep the dog in the house as an inside dog only. lfthe
dog is found to be living outdoors, the Great Dane puppy/dog will be
relinquished to Valerie Irizarry with no refund giving.
2.) Buyer will provide proof of current residence and if renting will
provide written authorization allowing said puppy/dog to reside at
residence.
3.) Seller retains the right to have Buyer remm puppy/dog to Seller in
the event Buyer can no longer keep puppy/dog.
4.) If Buyer wishes to sell or adopt out puppy/dog, Seller must agree to
potential home or have the right to have puppy/dog returned to Seller.
The above named parties have read and understood the terms of this
agreement.
CC~eo~x,Z~ ~L~.~ ~o~l~X's Name) ~/////~ / (Date)
//~~t ~~~Seller's Name) ~-'-//i/C){~ (Date)
RULE 1312-1.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~'?o'k-~x~5"o&,7 CIVIL
The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
.. i/f~ I~-IC_ '-~Ci~, ~f['-CL/ ' ~mml'f°r the plaintiff/defendant in the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: _
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
/ R-~/?ec//tfully sublzl)ted' ,
·/
O~ER OF COURT
~D NOW,
foregoing pet~n. ~_
actions) ~ ~yed f~. ~ a~ appoiated ~bitrators ia ~e above captioned a~lioa (or
By the C~
- v - f P.J.
IRIZARRY, VALERIE, PLAINTIFF _)
)
)
)
)
)
KLINEDINST, MELISSA, )
DEFENDANT )
In the Court of Common Pleas of
Cumberland county, Pennsylvania
No. 02-2527
Civil Term
OATH
We do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Constitution of this Commonwealth and that we will
discharge the duties of our office with fidelity.
AWARD
i]j~ W~ the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make
the following award:
(Note: If damages for delay are awarded, they shall be separately stated)
Date of Hearing:.
Date of Award:
· Arbitrator, dissents. (Insert name if applicable.)
~-ol~;- O~ ~ a,~//f~~irman
NOTICE OF ENTRY OF AWA~
Now, the0~5 day of
was entered upon the docket and notice thereOf given
Arbitrators' compensation to be
,2003 , atq,'&g , _~. M., the above award
by ma31,[o the parties or J~heir attorney.
~/,~3 rQ9 t o~'t arytry~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS
TO THE PROTHONOTARY:
Notice is given that CC~e_~,',~% i3 'k~\',c~.(~'~,~ ~3V~
from the award of the board of arbitrators entered in this case on
A jury trial is demanded C~.
wise jury trial is waived.)
appeals
(Check box if a jury' trial is demanded. Other
I hereby certify that:
1. The compensation of the arbitrators has been paid, or
Application has been make for permission to proceed in forma pauperis.
(Strike out the inapplicable clause)
Appellant or Attorney for Appellant
NOTE:
The demand for jury trial on appeal
from compulsory arbitration is
governed by Rule 1007.1 (b),
(b) No affidavit or verification is required.
m
Postage
Return Receipt Fee
(Endorsement Required)
Restrict~ DelJve~ Fee
(Endorsement Required)
Total Potage & Fees
r'~
r/qer--