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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