Loading...
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--