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HomeMy WebLinkAbout07-1042 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT D7-/dq,2 NOTICE OF APPEAL Civi FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. °Y... Y-o7A' 07 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT. -701--) MAG. DIST. NO. R NAME OF D.J. a___V Vt and NA ?I C? ?? ro /7 e: ?9?v) ck r ADDRESS OF APPELLANT CITY STATE ZIP CODE -3507 Si?ll p sevn )'refry lZcV c ?,n P ff, 171) / DATE OF JUDGMENT 'r . nt t.... yr (r? nr nrrr -- - - Os_-e„ vs. /?0 4 N CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR ;2 (Q r 0'? "? ?? LT YEAR This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. na re o ro ono ry or epu 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 - r Enter rule upon W G i, , appellee(s), to file a complaint in this appeal Name f appellees) (Common Pleas No. off- I MA Civi ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. I cc?-- Signature of appellant or his a or agen J , appellees) RULE: To alv Name of apps e(s) (1) You are 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 or registered mail. - Fe White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: hrU &P ,Year r?f10'? tE?aL ?ierrrs re of P t notary or Deputy C7 Zo ca s? " M 01 ? Q >Cz t., `= p M m w N rn ? 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: I hereby swear or affirm that I served 0 a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year , [:]by personal service [:]by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year , ? 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 year _, E] by personal service E]by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature ofAffiant Signature of official before whom affidavit was made Tie of official My commission expires on . , year COMMONWEALTH OF PENNSYLVANIA C:01 INTY (-)F CUM39RLAND 09-3-01 MW NaMA h!oi HAROLD R. BENDRR Add""' 3 5 N ORANQZ 9T 8HIPPZN98VRG, PA Ueononc (717 I 532-7676 17257-0361 DAVYD HOANG 3507 0IMP90N PERRY DR CAKP HILL, PA 17011 NOTICE OFCJIVDG? N /TRANSCRIPT PLAINTIFF: NAMC And ADDRESS rOSTBR, WMWY A 105 MILKY WAY SHIPPENSBDRG, PA 17257 L VS. DEFENDANT: NAME and AUUnESS f ROAM, WMCY, BT AL. 3507 SIMPSON FMMY DR CAMP HILL, PA 17011 L J Docket No.: CV-0000026-07 Date Filed: 1/23/07 THIS IS TO NOTIFY YOU THAT: 2/16/07 Judgment FOR PLAXXTIFF (Date of Judgment) d f (Name) OSTER, WENDY A ® or: Judgment was entere ® Judgment wa:; cntcred against' (Name) HOANG, DAVXD in the amount of $ 1, 266. 0 F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Q Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,190.00 Judgment Costs $-- Interest on Judgment $ _ 00 Attorney Fees $ Total $ 1,266.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY 13E ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. -() q Date ?, Magisterial District Ju `?(D .•.Q-? -- I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2012. SEAL AOPC 315-06 DATR PRINTZDs 2/20/07 11:32s00 AM 2/T'd 62T6T06LTL:01 802222SITL a3CIN88 fa:w0jd 62:2T LO02-02-83A 8022E2SLTL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C MZRLiI W ,ac 09-3-01 1AW Name Hnn HAROLD S . BEI I R AM'df . 3 5 W OI AWR ST SEXPPENSBITRLG, PA Telephone (717) 532-7676 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAMC and ADDRESS rOSTHS, WRIMY & 105 MILKY WAY SBIPPENSBDRG, PA 17257 L J VS. DEFENDANT: NAME and ADC FK" r-Rok :G, W11>IIiCY, $T AL . 3507 SIMPSON FERRY DR CAMP HILL, PA 17011 J NANCY HOANG L 3507 SIMPSON FERRY DR Docket No.: CV-0000026-07 CAMP KILL, PA 17011 Date Filed: 1/23/07 Ila THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 2/16/07 Judgment was entered for; (Name) OSTBR, tl/EIIIIIIDY A Judgment was entered against: (Name) BOA=, ICY m the amount of S 1,126600 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This caso dismissed without prejudice. F Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $-. Amount of Judgment $ 1,190.00 Judgment Costs $ T 06 Interest on Judgment $ Attomoy Foes $ .00 Total $ 1, 266.00 I Post Judgment Credits 8 Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT 13Y 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. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. / LA -Q Date , Magisterial District I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisteriai District Judge My commission expires first Monday of January, 2012. SEAL AOPC 315-06 DATE PRXNTBD: 2/20/07 11:35:00 AK 2/2'd 62T6Z06LZL:Ol 802222SLZL d30N38 f(]:LuOJd 63:2Z L002-02-83A COMMONWEALTH OF PENNSYLVANIA nnI INTY nF- COMBERLAiliD Mag CU Nu 09-3-01 IdnJ Name lion. BAROLD R. BENDER 3 5 N ORANaX ST SHIPPEKSBOSG, PA lslaNnund (717) 532-7676 17257-0361 DAVID & NANCY HOANG 3507 SIXFOON FERRY RD CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT u Judgment was entered for 71 Judgment was entered against in the amount Of $ (pate of Judgment) 2/16/07 (Name) OSTXR• 91Xl T (Name 80ANG, DAVID 4 ICY O} L? Defondants are jointly and severally liable. F-1 Damages will be assessed on Date & Time D This case di*rnisued without prejudice. Amount of JudgrTlent Subject to Attachment/42 P>a.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ .00 $ 00 $ " o $ • QQ $ . 0.01 Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 80 DAY8 AFTER THE ENTRY OF JUDGMENT 13Y FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK 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. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT 01: COMMON PLEAS. ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED 8Y THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, -0'/ Date , Magisterial District I certify that this Is a true and correct copy of the record of the proceedings containing the judgrnent. Date My commission expires first Monday of January, 201 AOPC 315.0(; 2/2'd NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF- wane ana Aoonc_s rHOANG, DAVID A NANCY 3507 SIMPBON FERRY RD CAMP SxLL, PA 17011 L DEFENDANT. r-00TER, NMMDY 105 MILKY WAY BBIPPENBBURQ%, v5. NAME and AODne6s PA 17257 I L J Docket No.: CV-0000026-07 Date Filed: 2/05/07 CROSS COMPLAINT 001 DATE PRIPTBDn 2120/07 11:32:00 AM SEAL 62T6T061Z2_:01 e0Z222SLZL d3CN38 fC:wOJd 62:2T L002-02-e3d , Wgislerial District Judge CERTIFICATE OF SERVICE I, Andrew D. Zeiter, do hereby certify that I have served pfcopy of 2the foregoing 007, postage PRAECIPE TO ENTER APPEARANCE this. day of prepaid, via first class U.S. Mail, upon: Wendy A. Oster 105 Milky Way Shippensburg, PA 17257 Andrew D. Attorney for Defen s ? ? ev 0 M M {- , \. A f + V CD, CrN n, y 71 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA WENDY A. OSTER, Plaintiff CIVIL DIVISION NO. 07- /oQ Oivil VS. DAVID HOANG and NANCY HOANG, his wife Defendants PRAECIPE TO ENTER APPEARANCE Filed on behalf of the Defendants Andrew D. Zeiter Attorney for Defendants Pa. I.D. #93601 6704A Terrace Way Harrisburg, PA 17111 (717) 439-9641 (Jury Trial Demanded) #12112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA WENDY A. OSTER, Plaintiff VS. DAVID HOANG and NANCY HOANG, his wife Defendants To the Prothonotary: CIVIL DIVISION NO. PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance on behalf of the Defendants, David Hoang and Nancy Hoang. Respectfully submitted, Andrew D. Ze? Attorney for Defend- is Ficcz? G??? of pee a? Ad( rri? bu I s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA WENDY A. OSTER Plaintiff VS. DAVID HOANG and NANCY HOANG, his wife Defendants CIVIL DIVISION NO. 07-1042 PRAECIPE FOR ENTRY OF JUDGMENT NON PROS Filed on behalf of the Defendants Andrew D. Zeiter Attorney for Defendants Pa. I.D. #93601 6809 Clubhouse Drive Apt. G-3 Harrisburg, PA 17111 (Jury Trial Demanded) #12112 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA WENDY A. OSTER Plaintiff VS. CIVIL DIVISION NO. 07-1042 DAVID HOANG and NANCY HOANG, his wife Defendants PRAECIPE FOR ENTRY OF JUDGMENT NON PROS To the Prothonotary: Please enter a judgment of non pros against the plaintiff upon the docket in the above-referenced matter. Respectfully submitted, Andrew D. Z Attorney for De is CI d a O h ?O LEA C) 7 Q' cam.) Co CERTIFICATE OF SERVICE I, Andrew D. Zeiter, do hereby certify th?t,I served th ore ing document, via first class mail, upon the following on this, day of IJA , 2007: Wendy A. Oster 105 Milky Way Shippensburg, PA 17257 Andr eiter Attorney for Pendants, David and Nancy Hoang CFt11 C.1 l April 25, 2007 Wendy A. Oster 105 Milky Way Shippensburg, PA 17257 RE: Oster v. Hoang Our file No. 12112 Docket No. 07-1042 Dear Ms. Oster: Enclosed please find a ten (10) day notice regarding the above-captioned matter. If you should have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Andrew D. Z er ADZ:Iam Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA WENDY A. OTTER, CIVIL DIVISION Plaintiff NO. 07-1042 VS. DAVID HOANG and NANCY HOANG, his wife Defendants TEN DAY IMPORTANT NOTICE TO: Wendy A. Oster DATE: April 25, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 And . Zeiter Attorney f endants C 't1 -E r r . CERTIFICATE OF SERVICE I, Andrew D. Zeiter, do hereby certify that I have served the foregoing TEN DAY IMPORTANT NOTICE, via regular U.S. Mail, first class, this ?s day of April 2007, upon the following: Wendy A. Oster 105 Milky Way Shippensburg, PA 17257 Andre . Zeiter Attorney fo dants T"x C: C?. ? .--1 r _ _..; : ^-.,'R ?}? .,, {; f.,_3 .j L:> March 6, 2007 Cumberland County Prothonotary One Courthouse Square Carlisle, PA 17013 RE: Oster v. Hoanq Our file: 12112 Docket No: 07-1042 Dear Sir/Madam: Enclosed please find copies of the proofs of service by certified mail of the Notice of Appeal/Praecipe for Rule to File Complaint upon the Plaintiff, Wendy Oster and the Magisterial District Justice, Harold E. Bender. Kindly file the proofs of service and mark the docket accordingly. If you should have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Andrew D. Zeit ADZ:Iam Enclosures