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HomeMy WebLinkAbout07-1135f COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 07 - 113-5- 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 referenced below. 3tAs_im \J?Gt1?1 I ??1rn a. IltfSi]pri V lvla IeVP 3346 Fe rs l allt S r--? rn,1lS A _;. ? it, 1 DATE OF JUDGMENT IN THE CASE OF (Plain (Detendard" 1-3o-07 1 Fz rnem)r,,e, v$ At. 51,h 13 :PrIV /R-r 4'r .Io -, -r I ? 1 I Nr-1 -S V 1-t This block will be signed ONLY when this notation is required under R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate SUPERSEDEAS to the judgment for possession in this case. Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature 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.D.J. 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 upon „-J tA 5V; h \3 ;ec \ V / KT "IF 5,n), } appellee(s), to file a complaint in this appeal 4 me of appetieew (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature ofappellant or attorney oragent RULE: To? 1J / ' 'C r?bCt SQ,trY i Ce G apellee(s) Name of appellee(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. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 p`,? r Signature of PropidhoMfy or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 20 ? by personal service E] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) or. 20 E] by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of affiant Signature ofoffkiaf before whom affidavit was made 75. of offia-i My commission expires on 120 't7 t C C-) C: W ?lti AOPC 312A - 02 N Q ' "COMMONWEALTH OF PENNSYLVANIA ff)l 1NTY OF- CUMBERLAND f f JUSTBN BIERLY 3366 PEWS VLLY PIKE SPRING MILLS, PA 16875 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r ? PF6 MEMBERS SERVICE CORP PO BOX 8736 CAMP HILL, PA 17001-8736 j L v8. DEFENDANT: NAME and ADDRESS rBISRLY, ;JIISTBN, `$T AL,. 3366 PEMNS VLLY PIES r SPRING MILLS, PA 16895 L J Docket No.: CV-0000380-06 Date Filed: 12/20/06 THIS IS TO NOTIFY YOU THAT: g DEFAULT JODGKINT PLTF « 1 30/07 Jud r?e?? k2ate a# Judgrraent) _ ® Judgment was entered for: (Name) PFB MEMBERS SERVICE CORP ® Judgment was entered against: (Name) BIERLY, JUSTEN in the amount of $ 4, 675.0 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 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 4,542.56 Judgment Costs $ 132.50 Interest on Judgment $ • Attorney Fees' $ .00 Total $ 4, 675.06 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 JUDGMENTITRANSCRIPT 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 Tq ENTER THE JUDGM NT IN THE COURT OF COMMON PLEAS, A4-L FURTHER PROCESS MUST COME FROM THE COURT OF"COMMON PLEAS ANDWOfURTHER PROCESS-MAY BE-ISSUED BY-?I'HE 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. Mag. Dist. No.: 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Address: 1901 STATE ST CAMP: HILL, PA .„ Telephone_(717 761-0583 17011-0000 A My commission expires first Monday of January, 6Vi6 AOPC 315-06 DATE PRINTED: 1/30/07 'y .District Judge iih.4ja,e judgment. oupterial, District Judge u S(AL 9:16:00 AN r ' '`'COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND CIVIL CASE PLAINTIFF: NAME and ADDRESS fitm MEMBERS SERVICE CORP ? PO BOX 8736 CAMP BILL, PA 17001-8736. L _ J vs. DEFENDANT: NAME and ADDRESS f-BIBRLY, JUSTZZ# ST AL -l 3366 PBNNS VLLY PIKE SPRING MILLS, PA 16875 L J ROOTS 45 SALES Cc SERVICE INC 3366 PENNS VLLY PIKE Docket No.: CV-0000380-06 SPRING MILLS, PA 16875 Date Filed: 12/20/06 i THIS IS TO NOTIFY YOU THAT: DEFAULT JUDGMENT PLTF A0/07-1- ,- Judgment Judgment (Date Qf Judgrpl?t)- p_ ;. was entered for: (Name) PFB MEMBERS SERVICE CORP ® Judgment was entered against: (Name) BIERLY, JUSTEN in the amount of $ 4,675.0 Amount of Judgment $ 4,542.56 Defendants are jointly and severally liable. Judgment Costs $ 132.50 Damages will be assessed on Date & Time Interest on Judgment $ 00 i. Attorney Fees $.` ..00 Q This case dismissed without prejudice. Total $ 4,675.06 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $ `. $ Post Judgment Costs $ Portion of Judgment for physical damages arising out of residential lease $ 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 POLDER.. ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT ()IF COMMON PLEAS AND NO FURTHEA, ROLE*S'MAV BEASSUED BY TH MAGISTERIAL' DISTRICT JUDGE.- UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED W 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. . *gisterigr r(istript Judge t copjf? My commission expires first Monday of January, 2012 AOPC 315-06 DATE PRINTED: 1/30/07 )f tthe proceedings co?tainirig 14e judgment. ... M + teriaj District Judge ?**?'ff Fia kavt?•! 9:16:00 AN .1 0 Johnson, Duffle, Stewart & Weidner By: Edmund G. Myers I.D. No. 20558 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 egm@jdsw.com Attorneys for Plaintiff PFB MEMBERS' SERVICE CORPORATION, Plaintiff V. RT. 45 SALES & SERVICE, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1135 CIVIL CIVIL ACTION - LAW PRAECIPE TO STRIKE APPEAL PURSUANT TO M.D.J. RULE 1006 TO THE PROTHONOTARY: Please mark the appeal of the Defendant from the judgment entered by the Magisterial District Justice Manlove on January 30, 2007 stricken from the record for failure to file a proof of service of the notice of appeal and rule to file a complaint within ten (10) days from the date of the appeal (March 1, 2007) pursuant to M.D.J. Rule 1005(B). Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: J,?4 Edmund G. Myers Attorney for Plaintiff AND NOW, this _&h day of , 2007, the appeal of the Defendant, Rt. 45 Sales & Service, Inc., is hereby stricken for failure to comply wit M.D. J. Rule 1005(B) as directed above. Prothonotary CERTIFICATE OF SERVICE AND NOW, this It day of , 2007, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon he other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Rt. 45 Sales & Service, Inc. c/o Justin Bierly 3366 Penns Valley Pike Spring Mills, PA 16875 JOHNSON, DUFFIE, STEWART & WEIDNER By: MCI Edmund G. Myers Attorney for Plaintiff t.J ` {_{-i . ?5 ',Ll ? a Johnson, Duffle, Stewart & Weidner By: Edmund G. Myers I.D. No. 20558 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PFB MEMBERS' SERVICE CORP., Plaintiff V. JUSTIN BIERLY and RT. 45 SALES & SERVICE, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1135 CIVIL TERM Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the judgment entered by Plaintiff and against the Defendants in the above captioned matter as satisfied and discontinue this action. JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabe D. Snover :314129 CERTIFICATE OF SERVICE AND NOW, this I? day of October, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe to Enter Judgment upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Route 45 Sales & Service, Inc. C/o Justin Bierly 3366 Penns Valley Pike Spring Mills, PA 16875 By: j1 (ql Elizabet . Snover 314129 N 00 l?s r»4a c?? ?? -