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Home My WebLink About02-4868COMMONV~EALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL No~e is given that the appedlant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice off the date aad in the case me~kmed belov~ I/ ~- ~1 . ,~ :~8b~ck w,,, I~ sJg~ ONLY when th,s notation ,s requ,red under !o. I~.C.P.J~.~/No.~~/lan~$ee pa. R.~.P.J.P. No. This Notice of Appeal, when received by the Dish'id Justice, will operate as a ~00~ (~)in aoEiort before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A OOMPLAINT wilhin lwenty (20) days after filing his NOTIOE of APPEAL. S~,nature 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.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 Prothonotary Enter rule upofl c_. ! , appelieels), to file o complaint in this apped (Commo~ Pleas No. ~/~_,Z~.~ ~1~)~(1 ~'~'T~I )e~ewitl~i"n)twenty (20)days after service of rule o~ suffee entry of judgment of non pros. (1) You am 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 (x 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 proof of service MUST BE FILED WITHIN [-EN (10) DAYS AF?ER fili,sg the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Nolice of Appeal, Common Pleas No upon the District Justice designated therein on (date of service) [] by personal service [] by (certified) (registered) mail sender's receipt attached hereto, and upon the appeltee, (name) on ....... [] by personal service E] 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 Signature of affiant 09-1-01 CHARLES A. CLEMENT, JR. 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA T,,,phooe: (717) 774-5989 17070 WAYNE A. MADDEN 1026 N. US HIGHWAY 15 DILLSBURG, PA 17019 T~'IIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) [] Judgment was entered against: (Name) ~EMORY TRANSMISSONS, INC 1501 BRIDGE STREET NEW CUMBERLAND, PA 17070 L VS. DEFENDANT: NAME and ADDRESS FMADDEN, WAYNE A 1026 N. US HIGHWAY 15 ~ILLSBURG, PA 17019 Docket No.: CV- 0000398- 02 Date F led: 7/26/02 FOR PLAINTIFF in the amount of $ q74 _ ~1 on: Defendants are jointly and severally liable. (Date of Judgment) ~!n4!n~ 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 flied and hearing will be held: (Date & Time) Amount of Judgment $ 872.31 Judgment Costs $ 102.00 Interest on Judgment $ .00 Attorney Fees $ o 00 Total $ 974.31 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,;,ClVlL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. - . : , District Justice II 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 2008 SEAL Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Slreet New Cumberland, PA 17070 (717) 774-1445 EMORY TRANSMISSIONS, INC Plaintiff WAYNE A. MADDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-04868 PRAECIPE TO STRIKE OFF APPEAL PURSUANT TO PA. DISTRICT JUSTICE RULE 100( Movant is Emory Transmissions, Inc., a corporation doing business at 1501 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. Respondent is Wayne A. Madden, an individual residing at 1026 North US Highway 15, Dillsburg, York County, Pennsylvania 17019. On September 4, 2002, District Justice Clement awarded Movant a judgment in the amount of $974.31. A copy of the Judgment is attached hereto as Exhibit "A." On or about October 4, 2002, Respondent filed an Appeal with the Court of Common Pleas of Cumberland County to this docket number. A copy of the case status is attached hereto as Exhibit "B." No service of the Appeal was made on Movant. No Proof of Service was filed with the Court within ten (10) days at~er filing the Notice of Appeal in accordance with Pa. R.D.J. 1005 (B). Respondent's Appeal as filed on October 4, 2002 must be stricken in accordance with Pa. R.D.J. 1006 for Respondent's failure to comply with Rule 1005 (B). WHEREFORE, Movant requests that the Appeal filed by Respondent, Wayne A. Madden, to be stricken in accordance with Pa. R.D.J. 1005 (B). DATE: April/~], 2003 Respectfully ~?~ted, ~~u~m~n, Es qu ire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 April 11, 2003, Appeal Stricken Prbth~°tar~ r 2 EXH~IT "A" COMMOnWEAL.TH OF PENNSYLVANIA COUNTP~ OF: Mag. Dist. No.: 09-1-01 J Name: A~r.se: 4.0.0 BRIDGE O~DE ~3WN~ CO[~4ONS T,~epho,e (717) 774-5989 17070 ~MORY TRANSF,_ISSONS, 1501 . BRIDGE NEW CUMB~, PA 17070 3 NOTICE OF JUDGMENT/TRANSCR!P- p~,.~,~: CIVI LCASI~ :NAME and ADDRESS {'-]~IORY TRANSMISSONS, INC 1501 BRID~E STREET NEW C'UMBE~, PA 17070 L VS. DEFENDANT: NAME ,~nd ADDR~$R 1026 N..~...'US HIGHWAY 15 ~nLS~O~, Pa 17019 · D~.cket No:: C~- 0.000390- 02 ~ iDate Filed: 7/26/0'2 1 . ] ~] Judgment was entered for: (Name) ..... - _ .- .~ --: _:: _ _ _ ~-~]: 'Judgment was entered against: (Name) -_-_ : ._ . _._ _ ~. m the amount'o{ $ 9'74 _ ~1 on: (Date of Judgment) 9/04/02 .~ Defendants are jointly and seve[a y. liab e ' . (Date, & Time) ',~ [~;m~g;;"wiii;be :;ssessed on:' -' .., _.--.... ~'-...-.. .... : ¥ :....] ...] .. ""':_"']].:..]i:].]"]'.'.':: ...... '7 ................. · 'Amount-of-Judgment-. $:~,. '872; 31 -' : _. ..... - ".i Judgment Costs $ ~ 102.00 -~ '-~ ~ .... ' ~, Inter, est o,~ i Judgment .$ .00 :- :~ ""~'~'-"¥~?'~Ad:O'~~F~s''' "' '" $"' ". . oo ..... 'r°tal: " -'-' - $ 974.3; ~,. ' Thi§'C~'se dismissed. Without prejudice: Amount of Judgment Subject to Attachment/Act 5 of 1996 $ [~] Levy is stayed for days or [~] generally stayed. Post Judgment Credits $.. Post Judgment Costs $.. Certified Judgment Total $. :' '~:, Objection to levy has been filed and hearing will be held: ¢ _... ' ' ' ' ' Time:- ] :' ]. ANY PARTY:HAS THE RIGHT TO APPEAL WITHIN 30 DAYS' AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OFf,APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. yOU MUST INCLUDE A'COp¥: O'[~ THIS 'NOTI(~E-OF :JUDGMENT/TRANSCRiPT FORM W,i.~ ~YOOR NOTICE OF API~'EAE~ SrEP' ~ '~ 200~ Date ' ~ ~- ~'' ~ 0'/~.~;. ]~---)¢ !i':'i:'::'':::::] ]..:. ',-"]'.]' ::,i/"': '"' ?: My commission expires first MOnday of January, 2008 SEAL AOPC 315-99 EXHIBIT "B" PYS510 Cumberland County Prothonotary,s Office Civil Cas~ Inquiry (vs) MADDEN WAYNE A 2002-04868 EMORY TRANSMISSIONS INC Reference No..: Case TvDe ..... : APPEAL - DJ Ju~gmeh% ...... 00 Judge A~signed: ' Disposed Desc.: Case Comments ............. Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date. Higher Crt 1.: Higher Crt 2.: Page 10/04/2002 0/00/~ :27 000 0/00/0000 ******************************************************************************* General Index - EMORY TRANSMISSIONS INC PLAINTIFF 1501 BRIDGE STREET NEW CUMBERLAND PA 17070 MADDEN WAYNEA DEFENDANT 1026 N US HIGHWAY 15 DILLSBURG PA 17019 Attorney Info * Date Entries FIRST ENTRY 10/04/2002 APPEAL FROM DISTRICT JUSTICE JUDGMENT ............. - LAST ENTRY * Escrow Information ~ * Fees & Debits Beg Bal pymts/Adj End Bal ~ APPEAL D.J. 35.00 35.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 50.25 50.25 .00 * End of Case Information Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EMORY TRANSMISSIONS, INC Plaintiff WAYNE A. MADDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-04868 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Praecipe To Strike, in the above-captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Dated: Wayne A. Madden 1026 North US Highway 15 Dillsburg, PA 17019 ApriL/~ 2003 Charles A. Clement, Jr. District Justice District Count 09-1-01 Olde Towne Commons 400 Bridge Street New Cumber~land~r~A 17070 · Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317