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Home My WebLink About02-4170COM~K~NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT c~. ,,LE^S ,~. O~ */'4/"/C~ 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 17ol/ This block will be signed ONLY when this notation is required under Pa. R.C.P.J,P. Na If al:~oell~t ~ CLAIMANT (see t>d. R,C,P.d.R No. 1008B. This Notice of Appeal, when received by the District Justice, will opeeate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS ~ ~ judgment ~' ~ssessi~ in this cas~ FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAEClPE 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 Prothcmotory ER ~le u~ '~--T~O H/~/ ~ ~ o "/4 , appel.(,), to file o complaint in this appeal twenty (20) days after service of rule or suffer entry of judgment of no~ pros , (1) You am notified that a rule is heeeby e~tered 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 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 RULE TO FiLE COMPLAINT (This p~oof of serwce MUST BE FILED WITi¢If',~ 7~EN (10) DAYS ~ TER hhf g the ~ot~ce ct app~aL Check ~¢~piicable boxes) CO~I'~ONWEAEIH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: t hereby swear or affirm ihat I served , [] a copy of the Notice ct Appea!, Common Pleas No upon the District Justice designated there n on (date of service) ~ by personal servce ~ by (certified) (registered) mai, senders rece pt attached hereto and upon the appel ee, (nme on ~ by personal serdce ~ by (certified) (registered) mail, sender's receipt attached here o [] and further that I served the Rue to File a Complaint accompanying the above Notice of Appeal upon [he appd ee(s) to whom the Rule was addressed on ~ by pemonal service [] by (certifed) (registered) mail sendeCs receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME TH!S BAY OF COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-01 CHARLES A. CLEMENT, JR. Address 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA re,epho~ (717) 774-5989 17070 ROY & SHIRLEY S. COX II 10 A RICHLAND LANE CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: E~ Judgment was entered for: (Name) Judgment was entered against: (Name) CIVIL CASE PLAiNTiFF: NAME and A~DRESS ~OX,CPA, JOHN R 317 3RD. STREET APT.# B NEW CUMBERLAND, PA 17070 L VS. DEFENDANT: NAME and ADDRESS FCOX II, ROY & SHIRLEY SIMPSON 10 A RICHLAND LANE CAMP HILL, PA 17011 L NOTICE OF JUDGMENT/TRANSCRIPT DocKet No.: CV-0000288-02 Date Filed: 6/06/02 FOR PLAINTIFF COX TT~ ROY & ~RTRT,RY ~TMDffiON in the amount of $ 4K2_ 7K 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: (Date of Judgment) (Date & Time). Amount of Judgment $ 388.25 Judgment Costs $ 64.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 452.75 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¢Ci'VIL ~IV~'S~O~"YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRiPT FORM WITH-'¥~I~ NOTi0E oF APPEAL. AUG5- 2002 Date ' *;. ?' ~i ' District dusti(~ I certify that this is a true and correct copy of the record of the proceedings con~lei,ng the judgment. ;. J Date '%% i"District gt}stice My commission expires first Monday of January, 2008 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 firing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ............. AFFIDAVIT: I hereby swear or affirm that I served ' ,;, 'Z- [Tt.,a'"~py of the Notice of Appeal, Co. mmon Pleas No. ~_' _~ i_ , upon th.e_..District Justice designated therein on (date of service) .... ~._~. -- ~ _~_~o 2... El_ b,.,y persoBal servic,~ .~_~by (cert~he, d) (jegl~ered,.) ma~ ~,n..d,er s re, ceipt aJtached hereto, and upon the appellee, (name) ~, ~ , ~... oO"L [] by personat service [[]~b~ (certified) (registered)'~-ail, s~'nd~r's r~t at(Ec}~'ed hereto. [~,arfd fu'~:t~er that I ~rved the F~U~ie~to Fite~ Com~aint a~ccompanyin?,the above Notice of Appeal upon the appellee(s) to whom the Rule wa?. addressed on .... ~-~"'~z>~,.~' _..,~2~, [] by personal service Eib-b, y (certified) (registered) mail, sender s receipt attached hereto. ;" SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME .... DAY ~II~oI o ,io~, ___......-..-.-'~ Signature of affiant rll ~dorsemen~ I:{~ .~ '! JOHN R. COX, CPA, Plaintiff Vo ROY C. COX, II and SHIRLEY SIMPSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4170 CIVIL NOTICE 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 this complaint and notice are served, by entering a written appearance personally or by attorney and 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 JOHN R. COX, CPA, : IN THE COURT OF COMMON PLEAS Plaintiff Vo ROY C. COX, II and SHIRLEY SIMPSON, Defendants : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4170 CIVIL : . COMPLAINT Plaintiff is John R. Cox, CPA, with offices at 317 Third Street, Apt. B, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendants are Roy C. Cox, II and Shirley Simpson, husband and wife, currently residing at 10A Richland Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff is a certified public accountant in the practice of preparation of personal income taxes. On or about September 18, 2001, Defendant, Roy C. Cox, on behalf of himself and Defendant, Shirley Simpson, contacted Plaintiff for the purpose of preparing their individual federal, state, and local tax returns. 5. Plaintiff agreed to undertake the necessary accounting work and did complete said work. 6. Plaintiff invoiced the Defendants the sum of FOUR HUNDRED TWENTY-SIX DOLLARS and 25/100 ($426.25) for completion of the work. At the time of delivery of the return, Defendant, Roy C. Cox paid the sum of TWO HUNDRED DOLLARS ($200.00) to Plaintiff, which check was returned for insufficient funds. Plaintiff has agreed to credit against the sums due on the invoice a potential Pennsylvania tax credit which Defendants' could have earned based on reclassification of moving expense in the amount of THIRTY-EIGHT DOLLARS ($38.00). 9. With this credit to the invoice, the sum due and owing to Plaintiff would be THREE HUNDRED EIGHTY-EIGHT DOLLARS and 25/100 ($388.25). 10. Defendants have not paid the sums due to Plaintiff. 11. Judgment was entered in Plaintiff's favor by the District Justice after Plaintiff incurred costs in the amount of SIXTY-FOUR DOLLARS and 50/100 ($64.50). 12. Plaintiff requests judgment in the amount of adjusted invoice amount in the amount of THREE HUNDRED EIGHTY-EIGHT DOLLARS and 25/100 ($388.25), plus costs of suit in the sum of SIXTY-FOUR DOLLARS and 50/100 ($64.50) plus continuing costs and counsel fees. WHEREFORE, Plaintiff requests judgment in the amount of FOUR HUNDRED FIFTY- TWO DOLLARS and 75/100 ($452.75). Dated: September ~,-tY, 2002 Respectfully submitted, John R. Cox, CPA 317 Third Street New Cumberland, PA 17070 (717) 774-1930 JOHN R. COX, CPA, : IN THE COURT OF COMMON PLEAS Plaintiff ROY C. COX, II and SHIRLEY SIMPSON, Defendants CUMBERLAND COUNTY, PENNSYLVANIA . NO. 02-4170 CIVIL : .. VERIFICATION I, JOHN R. COX, hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. DATED: September ~, 2002 JOHN R. COX, CPA, : IN THE COURT OF COMMON PLEAS Plaintiff Vo ROY C. COX, II and SHIRLEY SIMPSON, Defendants : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4170 CIVIL CERTIFICATE OF SERVICE I, John R. Cox, CPA, do hereby certify that on this date, I served a true and correct copy of the foregoing COMPLAINT, in the above-captioned matter upon the following individual by Certified Mail - Return Receipt Requested, Certificate No. 7000 0600 0028 3892 4308 and first class mail, postage prepaid, addressed as follows: Mr. Roy C. Cox, II Ms. Shirley Simpson 10A Richland Lane Camp Hill, PA 17011 DATED: September ~, 2002 317 Third Street, Apt. B New Cumberland, PA 17070 (717) 774-1930