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HomeMy WebLinkAbout03-2518COMMONWEAWN OF PENNSYLVANIA COURT OF CCMmn. JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendere d by } District Justice on the date and in the case mentioned below aQ cSi N +018-o3 ??I s up, AM 0 '1 SU P C DE )q 3" S LT This block will be signed ONLY when this notation is required under Pa P.J.P. CNa 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy I 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. R.C.P.J.P. No. 1001(7) in action IF NOT USED, detach from copy of notice of appeal to be served upon appellee) before District Justice. PRAECIPE: To Prothonotary Enter rule upon Marne of appelAWs) . appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rub or suffer entry of judgment of non pros. RULE: To avw" Of aAoex?n a ft attorney or agent ^? of agoer?e(s) , appellee(s). (1) You cue notified that .rule i hereby entered upon you to fib a complaint in this appeal within twenty (20) days after the date of service of this rub upon you by Personal sservice or by certified o? registered mail. (2) If You do not fib a 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 mail is the date of m Date. .` , 2:7. >r? rr 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 AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY c 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 on the District Justice designated therein on ? a copy of the Notice of Appeal, Common Pleas No. p date of service) C] by personal service ? by (certified) (registered) mail, senders receipt attached hereto, and upon the appellee, (name) ...._......_ b personal service ? by {certified) (registered) mai°, sender's receipt attached hereto. ? and further that i served the Rule to File a Complaint accompanying the above by pe sonal service l up?n tby (certified) (regis eed) the Rule was addressed on mail, sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE MBE THIS DAY OF .......... F tt?e ?}? ?f rf?!t?7 tov corn ssion exp res on zis C\j :D C) C 5 1 1 CO S,?rsature of affian: ,COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OFCJUU'IDLLGMENT/TRANSCRIPT Mag. Dist. No.: PLAINTIFF/JUDGMENTDESTO9ASE DJ Name: Hon. A 09 - 3 - 04 ILICON, SUSAN NAME and ADDRESS ??? THOMAS A. PLACEy 3208 SUNNYSIDE AVE ? -I [Address: 104 S. SPORTING HILL RD. HARRISBURG, PA 17109-61091 MECHANICSBURG, PA L J VS. fj Telephone: (717 ) 761- 8230 DEFENDANT/JUDGMENT CIT 17050 FCOMMERCE BANK an ?ZDRESS 100 SENATE AVE. P.O. BOX 8599 SUSAN LICON LCAMP HILL, PA 17011 3208 SUNNYSIDE AVE J Docket No.: CV-0000042-03 HARRISBURG, PA 17109-6109 Date Filed: 1/29/03 THIS IS TO NOitIFY YOU THAT: Judgment: X? Judgment was entered for: (Name) 77 -t t t Judgment was entered against: (Name) r..T Cow_ crTen in the-amount of $ _ nn on: f1Z)3 D Damages will be assessed on: vairrrtr Defendants are jointly and severally,. liblZE k ??) .? Cq 7 & Time) 11 This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/Act 5 of 1996 $ J?i figment) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ .00 $ .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 DISTRICT JUSTICES, IF THE JUDGMENT 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date certify that this is a tru rect co of <Z9 A, CS Date It , My commission expires first Monday of January, 2004 . AOPC 315-03 -, District Justice containing the judgment. , District Justice SEAL .11 P???Pa 1,x.25 Pci ? X3835 I oc 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 _ -h(?o1rGlErlk SS AFFIDAVIT: I hereby swear or affirm that I served G? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) -- El by personal service El 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 ? by personal service ® by (certified) (registered) -- - - j mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS -DAY OF qirern E Twe of o?!c'a1 1..... /A, . _._lL K. C? _......- My commission exp ms on,4 l? olt? 7 C- Srgnature of at'ian! __ 7T'ARIAL SEAL n G ELIZABETH A. 60WNLEY, Notary Public aTn c? City of Harrisburg, Dauphin County IT, _ i My COMMISslotr Expires May 12, 2007 ter- ms . _ r -ice s ?? N to W COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nm 03+ A J I Notice is given that the appellant has filed in the c(f mentioned below daft, and in the COW 71 AD.DrrR??ESS"`/}p l ` m S b L,ura 13(x- A 17 luN - 3?6 _ 9 0. cv - nOMO 40 - b3 IT noiafion is require under Pa. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008& 1001(6) in action before District Justice, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Sianatwe of Prothonotary or oeWty (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 Enter rule upon (Common Pleas Nc oppellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non Pros, SigWAM or appekint arcs ananey or ag" RULE: To appeasers) NOTICE OF APPEAL e {ourt of;Gwnmor Pleas an appeal from the judgment rendered by the District Justice on the oppe"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 marl. (2) If you do not file a complaint within this fire, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule rf service was by mail is the date of mailing Date:, as or COURT FILE AOPC 312-90 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. n the ¦ lint out name and address o re verse so that we can return the card to you. ¦ Attach this card to the baohe mailpiece, or onthe front if space Permits- 1. Article Addressed to! b m JaN ?- Ida svQ gj`19 `0 Q0X CAMP !fill 2. Anicl (Tran. PS Fon A ? Agent C. item l? u D.15delive rentfrlh Tel ? No it YES, enter delivery address below: 3. Service Type ? Express Mail %.Certitled Mail ? Registered ? Return Receipt for Merchandise ? insured ?] C.O.D. 4. Restricted Delivery? !Extra Feel ?? Ve=_ ACPPI-03-Z-0985 UNITED STATES POSTAL, SERVICE FNst-Class Mal u e a Fees Paid Permit No. G10 • Sender. Please Print your name, address, and ZIP+4 in this box /-/? o? Ufa,-rlsh`.c'? ? PA Aw. /f7 109- 32.65 56 11,1101111 „JIII 1.? 1L,,. 111E J Lrl,'. I I I 1 ¦ Complete 2, and - Also complere item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, , nn the front if space permits. 1. Article Addressed to: n 7A Ce ,,7002 2. Article Number (Transfer from service label) p Form 3811, August 2001 A. Si 7 ,I 0 Agent X 1 ? Addresses print?6d Name) C. Date of Delivery B. Rec9ty??d by JD. Is defrvery address diBereM from Item 1? 0 Yes [3 No if YES, enter delivery address below: 3. Service Type 19 Certified Mail 0 Express Mail - "0 'Registered 0 Return Receipt for Merchandise rl insured Mail 11 C.O.D. o (Extra Fee) u Yes 4. Restricted Delivery. 10 00 0 95 622 8936 2ACPRI?03-Z-0965 Domestic Return Receipt UNITED STATES POSTAL SERVICE 111111 F4sFClaea MaA ? & Fear Paid Permk No. G10 • Sender: Please Print yog97 d ZIP+4 in this box • (e ASP . :i?L•::L::i IIi:::LL„I(:,.:.I'li,.,i:! , ,.,'.,i.i..i.r (212?m?i4;s S(,k5rw) L Qon 3 ? $ &? & lout. rk 1 °71 oR -- G t o? V• Nb? &,.,Iak ?? ? 6D? mina" ?ICc S C,o I QA cI(bi -85q't I" I leg?.?l? ??ace? ? Iw1?l on lao? . LI) Susan Licon Plantiff (Pro Se) V. Commerce Bank/HBG., N.A. Defendant Common Pleas No. 03-2518 Civil Term Petition for Allowance of Anneal " ?? iZt?wsk for 1? pJVV?l6K A f f lG AR.- or On April 28, 2003 District Justice Thomas A. Placey issued a judgment in favor of Defendant. I do not think that District Justice Placey deals with the PA Commercial Code on a daily basis. Therefore, I believe the judgment was in error. He.. section 4207 of the commercial code regarding presentment warranty. Section 4207 (d) states the following: "The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is give to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim." The check was deposited in my bank on 6-3-02 They found out about it in October 2002. They never charged back my account until January 15, 2003 October 2002 and January 15, 2003 is past 30 days. Respectfully, -` Susan E. Licon ?? Ste. Z=3 C 2? .? r? n z'? ;? ' r; ? ? •._, . _, m _.?, -?; ?c?' ,?? ,-, ?c,- ?.. -- s -, ,_, _ ; _.. -2 'Q ?? =a <? Curtis R. Long Prothonotary office of the Protbonotarp Cuinberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 03 -a.2.51 8 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573