The URL can be used to link to this page

Home My WebLink About02-2658CQMM~dWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUOICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLSAS N~ O~' ~"~' ~ 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 an the I '~ I S,C-e~T~E O~ ~ C~ HS ~TTC~NEY Oe ~C~NT This ~k will ~ ~ ONLY ~ ~is ~ is mqui~ u~ P~ R~J~. ~ If ~ll~t ~ CLAIMANT (s~ ~. R.O.P.J.P. NO. 1 ~S& ~s ~ of A~I, ~ ~d~ ~ t~ Dis~t ~s~e, ~11 ~ ~ a l~l(6)in~ti~f~eDis~otJ~t~e,~ST ~KR~S ~ ~ j~ ~ ~s~ in ~is case FILE A COMPLAINT within ~y (20) ~ filing h~ ~TICE of A~AL. S~ ~ ~t~ ~ ~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fon'n to be used ONLY when aopellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach fforn copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enterruleupan 'T'r[ ~ ~ ~.l~ ~,/.~ . ~.~ ~'1~ ,ap~lee(s),tofileacomp~aintinthisapped (Common Pleas Nc~ ~ ° ¢~::O'~,~' ~./~ ) within twenty (20) days aftra service of rule o~ ,uffee entry of judgment of non pros. RULEI '1 (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal w~lin twenty (20) days after the date of seevice of this rule upo~ you by pefsanal service or by ce-tiffed or registmed maiL (2) If you do not file a complaint with/n th~s time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO 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: I hereby swear or affirm that I served upon 't'h-e Distr(cf Jds~ticb'designated therein on [] a copy of the i~otice of Appeal, Common Pleas No, (date of service) : .... ' , [] by personal 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 [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .................... Sig~atur~ of ~[~T ;OMMONWEALTH Of PENNSYLVANIA ;OUNTY OF: Mag. Disl. NO.: 09-3-01 DJ Name: Hon. HAROLD E. BENDER ~,s,: 81 WAL~u'-' BOTTOM ROAD P.O. BOX 361 SHIPPENBBURG, PA To~epho,,: (717) 532 - 7676 17257 - 0361 ERISTIN NOWAK 5434 B CAP'ISLE PIKE NEW OXFORD, PA 17350 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS F-TRINITY DAY CARE CTR P.O. BOX 121 WALNUT BOTTOM, PA 17266 VS. DEFENDANT: NAME an~ ADDRESS UNOWAK, KEISTIN, ET AL. 5434 B CAPJ~ISLE PIKE NEW OXFORD, PA 17350 Docket No.: CV- 0000096 - 02 ] Date F ed: 4/03/02 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) ['~ Judgment was entered against: (Name) in the amount of $ 204 g~ on: (Date of Judgment) E~ Defendants are jointly and severally liable. r.--~ Damages will be assessed on: r~ This case dismissed without prejudice. r~ 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 $ 150.00 Judgment Costs $ 54.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 204.50 $ 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 ',~-,~ -~,~. Date ,,~/~ ~ , District Justice certify that this is a true Date and correct copy of the record of the proceedings containing the judgment. , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (T,~is proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .(~ ~...~j:;l~-4~l~ ............................ ;SS AFFIDAVIT: I hereby swear or affirm that I served i~a copy of the Notice d Appeal, Common Pleas No. (}:~2 ~___, upon__th..~ District Justice designated therein on (date of service) (~E_~_~ [] by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) __~ ~.~ ~l ~ ~,~ , on ,~L!.~ ~ .... ~, ~ ~ by personal servi~y'~/(registe~) mail~ ~'~:~'}~ipt ~f~reto. ~and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upo~the appellee(s) to whom the Rule was addressed on _~v~_~ ........................ D by personal service ~by (certified) (registered) mail, sendeCs receipt attached hereto. SWORN tAFFIRMED)AND SUBSCRIBED BEFORE ME THIS ,,.i, DAY OF Vy corem ssion e~phes on :. NOTARIAL SEAL CLAUDIA A:'BRE~AKER, NOTARY PUBLIC Carlisle. Sero, Cumbe,"land County My CommisSion Expires April 4, 2005 TRINITY DAY CARE CENTER Plaintiff VS. KRISTIN NOWAK and MATTHEW ROBERTS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS 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 the Complaint and Notice are served, 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 fights important to you. YOU SHOULD TAKE TItIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT }lAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEP}IONE TI-IE OFFICE SET FORT}I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL }lELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 TRINITY DAY CARE CENTER Plaintiff VS. KRISTIN NOWAK and MATTHEW ROBERTS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW 1. Plaintiff, Trinity Day Care Center, is a non-profit organization with a business address of P.O. Box 121, Walnut Bottom, Pennsylvania. 2. Defendants,Kristin Nowak and Matthew Roberts, are adult individuals residing at 5434 Carlisle Pike, New Oxford, Pennsylvania 17350. 3. Defendants enrolled their infant son at the Trtinity Day Care Center on February 18, 2002. 4. The first day of attendance for the child was February 19, 2002. 5. On February 22, 2002, the Defendants withdrew their son from Trinity Day Care Center without prior notification to the director of the Day Care Center. 6. At the time of enrollment, the defendants agreed to pay $125.00 per week for the services of the Day Care Center plus a $25.00 registration fee. A copy of the agreement is attached hereto, incorporated by reference and marked Exhibit "A". 7. The parent handbook was given to the Defendants at the time of registration on February 18, 2002, as evidenced by the parent handbook acceptance form which is attached hereto, incorporated by reference and marked Exhibit "B". 8. The parent handbook states that "Failure to give a two-week notice concerning the withdrawal of a child will result in an additional charge of two week's tuition." A copy of the pertinent part of the handbook is attached hereto, incorporated by reference and marked Exhibit 9. To date, Defendants have failed to pay the amount due which is $250.00 in tuition plus $75.00 in late fees. WHEREFORE, Plaintiff prays this Honorable Court award the amount due under the contract plus costs of suit. Respectfully submitted, Attorney for Plainffff 1 Irvine Row Carlisle, Pennsylvania 17013 717-249-7780 Attorney ID#65184 I verify that I am Kimberly Hudson, Director of the Trinity Day Care Center, Plaintiff in the aforementioned Complaint, that I am authorized to act on behalf of the Trinity Day Care Center and that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904, relating to unsworn falsification to authorities. Date: , AGREEME T '.~,' ". '::' ~ 55 PA CODE CHAPTERS 3270.17.3 &. tUI(C); :12U0.123 & .101{c); 3290.123 & .101{c) ' '" '"" . .. . tie I, the P~,rer)t/guardian: J~3eceivod compJgto written progri.lm information at Ill(; time el enrollmenl (~ 320Z 121, 280.121, 3:~90.121) a~ree to update tho emergency conJ;~cl/~ar(,nt.~l : . ] changes ocrur or nvn,,, c ..... :,, . · J.. , , (.on,,[ nj Iorm inlormation whenever '' -- "'] 0 J/JUJJjn~ ill ;J n]JJ'~J I~JJjj ({} 3270.124, 32B0.124, 3290.124) FINANCIAL INFORMATION There is a twenty-five dollar ($25.00) non- refundable pre-registration fee required to insure the child's enrollment in the center. The tuition fee schedule is attached to this handbook. There is a $20.00 fee for "not sufficient funds" check returned to the center. Parents are required to repay NSF checks with cash. A "full day" at the center does not exceed 11 hours. There is a $3.00 fee for ANY time in excess of that limit. Parents arriving at~er 6PM to pick up their child will be fined $1.00 for every minute they are late unless prior arrangements have been made. Parents are expected to pay for the days their child is scheduled even if the child is not in attendance, excluding the days that the center is dosed. Tuition payments are due in the payment box each Friday AM for the following week's tuition. Our budget will not allow delinquent accounts. Ifa child's tuition is more than two weeks in arrears, we cannot continue service to that child. There is a late payment fee of $5.00 a day for accounts that are more than two weeks in arrears unless prior arrangements have been made with the director Families with year-round students will receive (2) weeks payment free vacation, per calendar year---based on their contracted week. _Parents · ' I one week's notice to the Director. ~t least loneweelc's non Individual days may not be used. Payment is required for all other days, exe_~_qg~when the center is closed. School year only, or summer only students receive no free weeks...only no payment required when the center is closed. Failure to give a two-week notice concerning the withdrawal ora child will result in an additional charge of two week's tuition. HEALTH REQUIREMENTS A physical health appraisal form is required by the state for each child within 60 days of enrolLment in a day care facility. State regulations will not permit us to provide service to any child who does not update this form EACH YEAR. TRINITY DAY CARE CENTER Plaintiff VS. KRISTIN NOWAK and MATTHEW ROBERTS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COU~ .' . : No. O2-2&5-g : : : CIVIL ACTION - LAY Affidavit of Service I, Susan J. Hat:brian, attorney for Plaintiff, being first dt law, do depose and say that service of the Complaint in the above-capti, the Defendants herein named by regular U.S. Mail, postage pre-paid, in R.C.P. 1005 to the following address on June ~t/,t~2002: Kristin Nowak 5434 B Carlisle Pike New Oxford, PA 17350 Matthew Roberts 5434 B Carlisle Pike New Oxford, PA 17350 Sworn to and subcribed before me a notary public this/t/~day of June, 2002. ~'TY, PENNSYLVANIA y sworn according to ~ned matter was made on accordance with Pa. Susan J. Ha~ar / 1 Irvine Row Carlisle, PA 1701 Il 0 T A .R,.i AL 8 E A L'"--~ ~,~,111Y I. YUU~,I,-RT, NOTA,'tY PIJBLIO I OITY OF OARLISLE, CU~RLA~tD ¢0., PA I I~Y O0~4i~lOll EXPIRE8 AUGUST 11t ~003 ~