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
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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
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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
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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
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My COMMISslotr Expires May 12, 2007 ter-
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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
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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
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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
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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 ??
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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