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Home My WebLink About01-2708 FX '-+"-'f,~\jjb""'" ~~ . ,..._- '? - '~'.' COMMONWEALTH OF PE"NSYLVANIA ._ COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 6/- .J..~C>rf> C-"; (~.IL.n-J NOTICE OF APPEAL Nofice is given that "1eappellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Jusfice on the dale and in the case ,r/le<lfianed belbw. CV 19, LT 19 This block will be signed ONLY wh,," this notafion is required under Po. R.cPJ.P. 1008B. This Natice of APl"''i'I, when Il'ceived by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. MAG. DIS NOOR ~ :0.3_ 01 STATE zp CODE 1'7 ~5 '1 Ai ',',' tt l : 4 Wain Vi ~'TE OF J\DGMENT L/-I~ ClAIM NO Signature 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 AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. HCP.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 Prothanotary Name of _/eels) ,appellee(s), to file a complaint in this appeal Enter rule upon (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pro~ Signature of appeNant or his attorney Of agent RULE: To Name af _",",s) , appellee(s). (1) You ore notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale of service of this rule upol1 you by personal service or by certified or regislered mail. (2) If you do not file a complaint within this time, 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date 01 service of this rule if service was by mail is the dole of mailing. Date: ,19_. SIgnature of _ or Deputy NlPC 312.64 COURT FILE TO BE FILED WITH PROTHONOTARY j'~~jml!t11~'I!t,~~!~.~~~~~lil~t:!f,t<JBii"'i":II,'''''~'l;,*A~ tOO '~ I'll i1><1 '~T' or '".Il(~!MIlfl;llf -itf,t.iiln Ullm' 1_ illlil. . . PROOF Of SERVICE OF NOT~CE OF APPEAL AND RULE TO FIl.E COMPLAINT , ~ (This prool 01 servlcs MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check "applicable boxes) COMI.lONWEALTlH OF PENNSYLVANIA COUIiTif OF_" ; 3$ AFFIDAVIT: swear or affirm that I served SWOR~I a copy 01 the Notice of Appeal, Common Pleas No, , upon the District Justice designated therein on of service) " 0 by personal service 0 by (certitled) (registered) mail, sender's attached hereto,. and upon the appellee, (name) , on __ , 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. and fUrther tMt I served the Rule to File" Complaint accompanying the above Noliceof Appeal upon the appellee(s) to whom the f!ula was addressed on _ , 19~ 0 by personal service 0 by (certllled) (registered) maH, sender's attached hereto, AND SUBSOf!18ED BEFORE ME l'HIS .__~_,_~", D',V OF __ ,19__~_ Signature of affiant Signature of officiat wfore whom affid/wit was made Tille oloftlciai My commission expires on , ,"--.-- (') 0 ,"", C ~~i 5::: ::lo': -c.rm ~ mm -< ~Q Z:;:) Z~ , ,'jn, ~Z .;.- ~~ 0 -0 '< ~D ::l\: 5>8 otn ~ N :;:;! ::0 CO -< ,,- ~ "-""""'.......... . .--' - '.~""'" . . ,,~.......~~ .~._.'""' "~ ""'...,........... ~;fuli'~_@O):,i." COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENTITRANSCRIP- CIVIL CASE PLAINTIFF: NAME and ADDRESS 'sNYDER, RICKY A 46 WALNUT DALE RD SHIPPENSBURG, PA 17257 L Mag. Dist. No,: 09-3-01 OJ Name: Hon, HAROLD E. BENDER ^"""" 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA T,r,pOo", (717) 532 -7676 17257 - 0361 VS. DEFENDANT: NAME and ADDRESS 'FINK, RON 20 WEST ORANGE ST COUNTRY CORNER RENTAL ~HIPPENSBURG, PA 17257 , Docket No,: cv- 0000053 - 01 Date Filed: 3/20/01 RICKY A. SNYDER 46 WALNUT DALE RD SHIPPENSBURG, PA 17257 THIS IS TO NOTIFY YOU THAT: Judgment: [!] Judgment was entered for: FOR nRFENDAN'I' (Name) FTNll' RON' . [!] Judgment was entered against: (Name) SN'VTIRR RTCKY A in the amount of $ (Date of Judgment) nn on: 4/12/n1 . . o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice, (Date & Time) Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ o o Levy is stayed for days or 0 generally stayed, Objecticn t{jlevy has been filed and h9aring willee .1eld: 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, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL !/,a -()/ )/~/ 2-- ~ , District Justice Date I 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, 2006 SEAL AOPC 315,99 ,~_.....~". ~~ ~" - 1...;<. ~, . , , ' 01,,_ -'qi-]~;;;, . RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 , . Recelpt Date Rece~pt Time Recelpt No. 5/04/2001 13:31:36 111173 SNYDER RICKY A (VS) FINK RON Case Number 2001-02708 Received of PD CASH IM Total Check... + Total Cash.... + Change. . . . . . .. - Receipt total. = .00 45.25 .00 45.25 Transaction Description APPEAL D.J. TAX ON APPEAL SETTLEMENT . JCP FEE Distribution Of Payment ---------------------------- Payment Amount 35.00 .25 5.00 5.00 CUMBERLAND CO GENERAL FUND BUREAU OF RECEIPTS AND CONTROL CUMBERLAND CO GENERAL FUND BUREAU OF RECEIPTS AND CONTROL 45.25 COMJ;4ONWEALTH OF PENNSYLVANIA -COURT Of COMMON PLEAS ~ii4~-.. ' .. ,.-, 7,.- to, NOTICE OF APPEAL , . '''''....~..;1I.~~f~'tV-l . 'I'"U'''Wf!':,.-~ ..- -" FROM . JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT .!".,,:' .,:.,;, ;~OMMONPLEA~.N~".~ -_c4'1of> (L; . NOT"I~'f6f~EAi ....,,,;;;,;..;...'iH"',:4i!;. -:~." ".. (~~fr] _"-4_.';;-;.~'.,.. . "::,;:,;':'~~'F":'.' . Notice is given that the appellant has filed in' the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. CV 12 LT 19 This block will be Signed O~l Y when- -this nota~ri--~rs~-fuqutf~ ~~d~r Po. R.c.P J.P. No. 10~& . This Notice of Appeal, when re<;eived by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. '-.. "."""h"'-"'Tf'~"'l.=),:t:-~~~"'t#."!l.':".,~~~~'i<'~+"'1-' ;..~.~~ ':Snuc1 e, ~lf --P,d '" "7 C'Ktl ,f,. c;, () . 0'_., 53-(')\ ~ - -~~:.. _.:..."" ~,",-.. .,_....,~- ~ 'PJ SignatUre- 6fPjo1hbh6tary 'cr'-Deputy' -?'~-'!''''.:'"'''....--;:'l'.:~~:,.~;.:.:'.:_l..:..~:''F~ _..'.~~i ':'-':-~ ~ .. ,,~. :.w';""'='-?~_"""~--"___""_'"' PRAI:CiPI: tOI:Nl'ER'RULE 10 FILl: COMPLAINT AND ll.ULI: TO FILE (This section of foon to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOTVSED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary ,__t,"':'-~""",~,^-">,>.f,,,_.:..;. Enter rule upon .-., Na;ruYO(appef~e?sT ~ , appelle1'), to file a complaint in this appeal .-, ......_y- '.- (Cammon Plea. No. ) within twenty (20) day. aile<' service of rule or .uffer entry of judgment of non pros. ..>..~...,,"....:Lj...:~'~"'~"""-"""'''_'-l''_ - _______._,.....".o<.C-',._. --','.'....... ,.....,.,..... ~ ___-. "'."'..~ _' -"-,,.-,. _'. . -n_...,t; .-" 'Wgnature of appellant 0; hiS- artomey or agent RULE: To " ..t. Nairni of appel/iNs) , . '0 ".....' ,oppellee(.). _, - _nC' ~__'_ .,' .".. ,_"-"" .__-._,' '-~',""<A,. '~-,~ _'" ,'">'--- (1)- YOll ~.-notifted 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) ~ you do not file 0 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 moil is the date of mailing. Date: .1$'_. -....J r . SJ~i' Pro~ ill bto>utY .o! " AOPC312-S4 COURT FILE i'"~~M~~~i:&-iI~li~f''iN_jl~'''f'__~;' j,~~~~~~~&'d~"l,_:~~~:,~,;,.";"'"s;;,:",,;Jli'ffii:~jjl~Ilt_o,w~~.lItllfi.'!lili;i'ih~+;~:i<'.,~..~~~~~~Lli:i.)'r,I~j.~'1:._ijQr- "C~~.~' "'To!.- ~ $' ~, , . PROOiF OF SERVICE OF NOTICE Of APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Chack applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ('.!1(Y'\l'J:>rlarvl ,__'"~. ; S$ ~~N r-lIsL AfFIDAVIT: I hereby swear or affirm that I served !Xl a copy of the Notice of !:J!peal, Common Pleas No. 0l:d1C16 ti~il~~pon the District Justioe designated therein on (1lare of service) '. .. ? - It) -151 '. , q.,bY personal service Jl( by (certified) (registered) mail, sender's rec~ipt attached hereto. and upon the appellee, (name) !"()(\ Fink ,on ~ ,19__ by personal service !%by (certified) (registered) mail, sender's receipt attached hereto. [)j( and further that I served the Rule tp file aComplaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on.. N\(),li ll), D I , 19~ D by personai service \%by (certified) (registered) mail, sender's attached 11ereto, AND SUBSCRIBED BEFORE ME 1Y OF 1f1a,,+-- ,"H!"~I t, ~ .? 'fi:W~~ Signature of affiant My commission expires on . ,1B__ 0 0 n c --"[1 :;;:: :::r,: "Om ~. -n 92 qJ, -< ,j"'n ZC" "";0 ~Z ~- ~~') .1-, ;;:::0 - -:~ '---' "" ."-;", ~o 3; ~=:, :D ,-, ~;~~ >-;:: :;::j ~ 01 ~ 00 NOTARIAL SEAL PAMELA A SWITALSKi Notary Public Shippensburg, Cumberland County My CommieeionExpires Feb. 9, 2004 , , .~~~~, .m~,'_ ,"""""._ ,~ , .. ., lIi T. H -, ~",,--~---,,"~ ,- ~ , ~'","'" ~~-. ,-- -- ~ . U.5# Po.1 Service CER~f'IED MAIL RECEIPT (Q.orr:estic Mail Only; No Insurance Co~erage Provided) 0 r'I <0 IT' rn Postage $ IT' <0 CertifiedFea IT' 0 Return ReceIpt Fee (EndOrsement RequIred} r'I Restricted Dellv8I"j Fee 0 Cl (Endorsement RequIred) 0 Total Postage &. Fees $ ru ru rn IT' IT' Cl {'-- ... 'H' .. ~~ Plaintiff: Ricky A. Snyder 46 Walnut Dale Road Shippensburg, P A 17257 Common Pleas No. 01-2708 Civil Term tDMPLA IN1 v.s. Defendant: Ron Fink 20 West Orange Street Country Comer Rental Shippensburg, P A 17257 I am writing to file a complaint as instructed in the notice of appeal from District Justice Judgment. The situation is regarding Docket number CV-0000053-01 filed 3-20-01. We had our car repaired at Country Comer Rental on January 17 thru January 20, 2001. On February 26, 2001 the car broke down. It was towed by Country Comer to their shop where it sat until March 7,2001. At this time I called Naugle Motors and asked them to get the car and find out what the problem was. In my opinion I had every right to a second opinion and was also suggested to get one by Country Comer. When the shop manager at Naugle Motors contacted me the next day he said that in fact the person who installed the timing belt did not do so properly, this caused the new belt that they had just replaced to fly apart and in doing so bent all the values and ruined the top half of the motor. The mechanics a Naugle Motors even had Mr. Ron Fink come in and show him what was wrong. We decided to get the vehicle fixed and pursue legally to pay for the second garage bill as instructed by Mr. Bender. Ron Fink had agreed to pay only what we spent at his garage the first time back to him and then would have us sign papers reflecting no further court proceedings. We declined and when to court. In court we had the mechanics testifY and had written proof from a certified mechanic that this damaged had been traced back to the work Country Comer did. After Country Comer repaired the car in January, they had lost all mechanics and when it broke down couldn't fit it. As a result of the trial we lost. I called Mr. Bender personally and asked for his reasons. Here is what I was told. There were some things that were not very clear, (He had 5 days to make his decision and could have straightened it out in that time.) he stated that Ron Fink agreed to repair the car in February at no cost (He did not have a mechanic and it sat there over a week? When was he going to fix it?) the worst reason was that he was sorry to say I got a very mechanically inclined judge and he knew that engine. He said the bolt in question should not have been removed to replace the timing belt. I spoke with a few other Dodge certified mechanics and their reply was it is easier to replace the timing belt by removing this bolt but it must be replace or it will break if it is tightened to hard. I am very frustrated and upset with the way this was handled and feel that there is more behind the case then Mr. Bender would let on. Everyone I have spoken with feels that I should have won. I would like to see justice and a fair ending to this case. Thank You, 7::?,'~!/A .~~ Ricky A, Snyder 5-9-0/ ililE~.~M~~~ -'~tJiilllll"..h."c -.ft,!j!&H'-,,~i~,<i~~~~1 ~ 1b ""-, "lIitn- .~~ ~.~<<:I ~ ~ ",__ ~ 0 o c: ~".- ~t~i zr- (/):' ~~" :..~-v ~-, z,., ;;'" ~ =< ,,~" ~=,--~ c;:, :w: ;;:r-~ -....;: -'~,~ :t.n 'D