HomeMy WebLinkAbout02-5974C.__OM'g~DNWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
JUDICIAL DISTRICT
NOTICE OF AI:~EAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
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 on the date and in the case mentioned below.
NAME OF APPELLANT
Jim Miller Custom Builder, Inc. MAG. DIST. NO. OR NAMEOF
ADDRESS OF APPELLANT ~3--05
29
DATE OF JUDGMENT Dillsburg PA STATE ZIP CODE
12/04/02 17019
(DEFENDANT)
CLAIM NO.
vs Jim Miller Custom Builder
CV YEAR'
TTORNEy OR AGENT
LT YEAR
This block will be signed ONLY when this notation is required under PA.
R.C.P.J.p. No. 1008B.
Tannery Road
IN THE CASE OF (PLAINTIF?)
Greg H. Fennell
0000314-02
This notice of Appeal, when received by the District Justice, will operate as
A SUPERSEDEAS to the Judgment for possession in this case.
S~gnature of Prothonotary or 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 A '
(This section of form to be used ONLY when a--ell ....... ND RULE TO FILE
IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAEClPE: To Prothonotary pp ~m was b'thI::NDANT (see PA R.C.P.J.p. No. 1001 (7) in action before District Justice.
Enter rule upon
(Common Pleas No.
RULE: To
(2)
Greg H. FeDnell
Name of appellee(s)
Greg H. Fennell
Name of appel/ee(s) --, appellee(s~,,~
) within twenty (20) days after servJc~~
Anthony j. Fo~
--, appellee(s)
(3)
Date: ~
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.
If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
The date of service of this rule if service was by mail is the date of the mailing.
/2
White - Prothonotary Copy
Green - Court File Copy
Yellow Appelant's Copy
Pink Appellee Copy
Gold - D.J. Copy
Year
Proth. - 76
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proot of service MuST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice et appeal- Check applicable boxes)
coMMONWEALTH OF PENNSYLVANIA
coUNTY OF
AFFIDAVIT: I hereby swear or affirm that ~ served
___; ss
_, upon the District Justice designated therein on
opy of the Notice of Appeal, Common Pleas No. _ [] by personal service [~.~b~(certified) (registered) mail, sender's
(date o4 service) (name ~
receipt attached hereto, and upon the appellee,
........... year .... [] by personal service ~] by (certified) (registered) mail, sender's receipt attached hereto.
Ru~e to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
[~'d further that I served the , year _ _. , [] by personal service [] by (certified) (registered)
whom the Rule was addressed on ..... - ---
mail, sender's receipt attached hereto.
swORN (AFFIRMED) AND suBSCRIBED BEFORE ME
THIS_ ~ DAY OF ....... YEAR _-- ·
Signature el official Delete whom affidavil was made
My commission expires on ........ year __---' "~
ZOOZ.-P~-I? 10:05arn From-Shumaker Williams, P.C.
COMMONWr'AL.'I-H OF PENNSYLVANIA
COUNTY Of: CUH~~
09-3-05
O,J Name; ~oo.
'"' HBCI~%.N'~CSBIIRG, PA
~,~.~sl (717.) 766-4575 17055
AN~HONY J. FOSCHI ESQUII~E
PO ~OX 88'
c/o :sz~u~ N'ZL~.;r~]~IS PC
HARRISBURG~ PA 17108
THIS IS TO NOTIFY YOU THAT:
9091633 ?-285 P.00Z/00Z F-934
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFI;: CIVIL CASE
CFENNELL, ~C H
29 TANNERY ROAD
DILLSBUR~, PA 17019 ·
L
Docket No,: Cd'- 0000314- 02
Date Filed: 11/01/02
Judgment: ........... DR~A~LT' ~ pLq~F ....................
' r-~ Judgment was entered for: (Name) J~U~r,c.r.: c~n H
r~ Judgment was entered against: (Name)
in the amount of $ 4 _ ~3'7q _ O0 on;
· Defendants are jointly and severally liabJ.e=
Dan/ages wiIFbe as~ses§e0~6n: .... , ...
This case dismissed without prejudice~'
Amount of Judgment SU'bjec~ to
A~tachment/Act $ of 1996 $.
Levy is stayed for days or ~ generally stayed.
(Date of Judgment)
(Date & 'l-[me)
A~ot]r~t ~f Judgment. · $. 4,000. O0
Judgment Costs $ 3'9.00
Interest. on Judgment $ .00
Attorney Fees. $ .013
Total $ 4,079.00
$
Pest Judgment Credits
Post Judgment Costs
Certified Judgment Total
Objection to levy has been fi!ed and hearing will be held:
Time:
Place:
ANY PARTM'HAS THE RIGHT T~ ~PPEAL WITHIN 30 DAYS AP ~ r-R THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL. WITH THE PROTHONOTARY/CLERK.. , .. OF THE COURT OF COMMON PLEAS. CIVIL DIVISION. YOU
MUST INCL. UDE A COPY OF THIS NOTICE OF dUDGMENTFFRANSCRIPT FORM'WITH YOUR NOTICE OF APPEAL.
('/ '" '"
;t' :-,1/~/.(/ 'Date .... .-':' /OIl ..... District Justice" :- .
Jl"certiht.that this is a true and correct copy of the record of the proceedings containing the judgment." · t
Date _, District Justice J
My commission ~xpires first Monday of January,
AOPC 3~5-99
2006 SEAL
Postage $ e '~ "~'
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Deliver7 Fee
(Endorsement Required)
Total Postage & Fees
~ P~stmark ,
U'I Sent To .
· §t;~';~-*: ~::'~FF5 ~,'~b: ........ :' ................
................................
rl C Stet, ZiP+ 4. ~ ·
13" Posta.~e
r~- Certified F~e ~" ~
Return Rsceipt F~e
ru (Endorsement Requim(~
~ Restricted D~livery Fee I
I--I (Endomement Required) I -
I*--I Total Posta!]e & Fees I ~ "i L/ ,~
r~ l Sent To - '*::: :
i-1 )' Street, A~. No.; or PO ~'*c. i,
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice; o ~;~p~l
COMMONWEALTH OF PENNSYLVANIA'
COUNTY OF
· SS
AFFIDAVIT: I hereby swear or affirm that I served
]~ a copy of the Notice of Appeal, Common Pleas No.___ ~ ~'-,~ 7q ,dp~mt,he[li~t,;:t,J!~ t, ~(!si,:'atedther~~, ~)l
(date of se~ice) ~g~ ['~ ~, year ~A ,~bY ~orlalSewice ~)y (certlf~ed ~ 'e~,~: I T'CI~, Sen '
r~eipt a.ach~ hereto, and u~n the appellee, (name ~ ~ , 1~,~_:,; ~:, :~
~~ ~ ~,year ~ ~, ~ by personal se~iceV ~ by (ce~ified) (reg~ste'ed)rm~d~ ~'m~d~ ~'~ ,:~p ~:ta,::h~C h~, ~o
and further that I sewed the Rule to File a Complaint accompanying the above Notice of Appeal upon
whom the Rule was addressed on _~-~__J~C~-.~_~ , year ~,4-~(~-., [] by [,er,', ~nal ~,:,,.',[;,,
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS l '"7 DAY OF ~E./2.¢,,, . YEAR
'S~na?ure of official before whom afl'davit was mad{~r
K~th!aen O. S;,y,'}'~;', Notary Public
L.o',,~-r A, .=-,': ';:.¥p., C:;mber!a~d County
Title of official ~',~y Corn;r~is-~!~;:: E;~pi;ec. June 9, 2004
My com mission expires on ___ , I~_.~er, Fen,. y!vanm Assccia.ion ot Notaries
GREG H. FENNELL
Plaintiff
VS.
JIM MILLER CUSTOM BUILDER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Common Pleas No. 02-5974
CIVIL ACTION AT LAW
Praecipe to Enter a Default Judgment
TO: Prothonotary,
Kindly enter a judgment of Non Pros in the above captioned matter for Plaintiff's failure
to file a Complaint as required by the rule that was issued in the District Justice Notice of Appeal
and Pa.R.C.P. 1037. Further, this is to certify that the undersigned mailed to Plaintiff a ten (10)
day Default Notice pursuant to Pa.R.C.P. 237.1. The ten (10) day Default Notice which was
served upon Plaintiff is attached hereto and incorporated herein.
Dated:
January 27, 2003
Respectfully submitted,
Anthony J. Foschi, Esq.,'~lD# 55895
Shumaker Williams, P.C.
P.O. Box 88
Harrisburg, Pennsylvania 17108
(717) 763-1121
Attorney for Defendant
~151435
FENNELL, GREG H.,
Plaintiff
VS.
JIM MILLER CUSTOM BUILDER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
: Common Pleas No. 02-5974
:
: CIVIL ACTION AT LAW
:
:
TO: Greg H. Fennell, Plaintiff
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT
IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 NOTICE TO
A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP:
Dauphin County Lawyer Referral Service
213 N. Front Street
Harrisburg, Pennsylvania 17101
(717) 232-7536
Dated: January/I}, 2003
Respectfully submitted,
By:
Anthony'JT. Foschi~, Esq., ID# 55895
Shumaker Williams, P.C.
P.O. Box 88
Harrisburg, Pennsylvania 17108
(717) 763-1121
Attorney for Defendant
:123781
GREG H. FENNELL
Plaintiff
VS.
JIM MILLER CUSTOM BUILDER,
Defendant
TO: Greg H. Fennell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Common Pleas No. 02-5974
:
: CIVIL ACTION AT LAW
NOTICE
You are hereby notified that on January 2~, 2003, a judgment of non pros was entered
against you in the above referenced case. /'~
- - - ProthOnotary f
I hereby certify that the following is the last known address of the proper persons to receive
this notice:
Greg H. Fennell
2181 Canterbury Drive
Mechanicsburg, PA 17055
Dated: January 27, 2003
SHUMAKER W~LIAMS, ~
I.D. #55895
P.O. Box 88
Harrisburg, Pennsylvania 17108
(717) 763-1121
Attorneys for Defendant
151436