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Home My WebLink About03-3137 JUDICIAl. Dl$TRICT NOTICE OF APPEAL FROM '1/0d.-/ ()3 DISTRICT JUSTICE JUDGMENT 03" 3/31 C '0' I Te-o" C_NW,ALTH OF PINNSYLVANIA COURT Of C_N PLEAS COMMON PLEAS No. NOTICE OF APPEAL Notice io g;.,." that the appellant hao filed in the above CClUI't of Comman PIeao an appeal from the judgment rendered by the Diotric:t Juotic. an the .:.TjJtr~t~')^J~fJl~ff~. ~~I-~~'-'. ~:Et ~ ~ D ~ Cl- OTY~~IJ(}t V SlAtE Pennsv1vania Bui1ders ~..,~-C? l"fiW~~~Pr 0000 .:lO'i ~ ..3 CV LT ThO. block will be ligned ONLY when thio notafion is required under Po. R.c.P.J . 10088. Thi. Notice of Appeal. when received by the District Juotic., will operate ao a SUPERSEDEAS to the judgment for po.....ion in this cas", (see Pa. R.cP.JP. No. 1001(6) in acti before District Justice, he MUST ; :i~O~M~;;j~ :ithir. t~y after Signature of Prothonotary or Deputy l V J &. PRAECIPE TO ENTER RULE TO FILE COMPLAltn~ ULE TO (This section of fom1 to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before IF NOT USED, detach from copy of notice of '.'P'1!'!f to JIt\ served upon appellee). . " PRAECIPE, To Prothonotary Q .. R 0 l-t I A J~ .' ", Enle<ruleupon rflf'if:-I S:S !,Ie NtG-IIf \:appellee(O),lofileacomp Name of appeIlee(s (e.-.... No 03-3137 Civi> T.~ ,.... _ ,,,,....... _~. .. P /l1)_SJ RULE, To . appeIfee(.). (1) You are notified that a rule io hefeby entered upan you to file a complaint in thio appeal within twenty (20) dayo after the date of service of thio rule upan you by peroonal service or by certified or registered mail (2) If you do not file a complaint within thio fime, a JUDGMENT OF NON PROS WlU BE ENTERED AGAINST YOU. Date: ~ (3) The date of service of thio rule if service was by mail is the date of mailing. /I . "-A- C. j,." ,~<. ~ 'i I J....Q,.:t;. SfgJaUeolJWltn !~1'OfOlpul ,2,. .:2~ -' AOPC 312-90 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 (l0) DAYS AFTER filing 117e notice at appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No, upon the Dlstnct Justice designated therein on (date of service) __~_________' . by personal service 0 by (certified) (registered) mail. sender's receipt attached hereto. and upon the ap'pel/ee, (name!___ . .._' on ___ ......__.._ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a Complainl accompanying the above Notice at Appeal upon the appel/ee(s) to whom the Rule was addressed on .___.. 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature 01 alliar~ WfL~ My commi'.ssiorJ ~xp!res on rt "- I>;, o,l) " .... C ~ o -n .. V\ :'" ,., v...... C') C ~ -ou. mrn Z::.T' ZC' (j) !~ ~<' .... ~;:( ~C -C'. - 5>c:: Z; =< o w '- e:: r- I ~ -',- r 9 ';(~') ::2 . ):0 .-:e-,"......~('") _ :jrTl .- .:-4 e:- jj l1"> -< 1"'.; - , . - COMMONWEALTH OF ~cNNSYLVANIA COUNTY OF: CUMBERLAND 1 Mag. OISt. No \ "'Nam" Hor.. 09-1-01 caULES A. CLBIIBN'l', JR. Add'", 400 UlOOE STIlBBT OLDE TOw.NB COMMONS -SUITE 3 NEW C1JMBBRLAND, PA Telephone (717) 774.5989 17070 CHARLES BN'.[GHT/KNIGHT CONTRACTING 6733 LOWBR COURT SLATrNGTON, PA 18080 THIS IS TO NOTIFY YOU THAT: Judgment: [i] Judgment was entered for: (Name) [iJ Judgment was entered against: (Name) in the amount of $ \ NOTICE OF JUDGMENT/TRANSCRIPT . PLAINTIFF/"UDGMEC;#~Jto~:ASE [PENNSYLVANIA Bml::aft.iss,.sSOCIATION1 /600 N. 12TH STREET BBNBPITS TRUST t!'BMOYNB, PA 17043 .J VS. DEFENDANT/JUDGMENT C~ITSK'ti rcum.ES INIGH'l'/nlI<mTSSCOmRlC'l'nTa l 6733 LOWBll COURT SLATrNGTON, PA 18080 L J !oocketNO.: CV.0000204.03 Date Filed: 5/02/03 l , , li":~\ .}~~,'tJ;~~\ ....:.".l.~...'.;.,.:. '''II t' < DEI!'AnLT JUDGMRN'rPLTF PRNN9VT.'IlANTA 1\nTT.n1il!llll Alllln~TAT CHAln.RS nJIGHT/IrNTGR'I' C'.nlll'l'lUoCTTNG q4q _ 2q on: o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. O Amount of Judgment Subject to Attachment/Act 5 of 1996 $__~__ (Date of Judgment) (Date & Time) "/0'2/0"1. Amount of Judgment $ 879.29 Judgment Costs $ 711.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 949.29 Post Judgment Credits $ Post Judgment Costs $ I ------------ I Certified Judgment Total ;----------- ANV PARTV HAS THE RIGHT TO APPEAL WITHIN 30 DAVS AFTER THE ENTRV OF JUDGMENT BV FILING A NOTICE OF APPEA~ WITH THE PROTHONOTARVIC~ERK 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 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 MAV 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. ~O~.~~. It certify that this is a true and correct copy of the record of the proceedings containing the judgment. \ Date . District Justice JUN 2 - 2003 Date . District Justice ,. ....... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PENNSYLVANIA BUILDERS ASSOCIATION BENEFITS TRUST, Plaintiff CNIL ACTION No. 03-3137 v. CHARLES KNIGHT d/b/a KNIGHT CONTRACTING, Defendant PRAECIPE TO STRIKE APPEAL PURSUANT TO PA. R.C.P. M.D.J. NO. 1006 To the Prothonotary: Pursuant to Rule 1006 of the Pennsylvania Rules of Civil Procedure for Magisterial District Judges, please strike the appeal filed by Defendant, Charles Knight d/b/a Knight Contracting in the above-captioned matter for failing to serve Plaintiff, Pennsylvania Builders Association Benefits Trust with copies of its Notice of Appeal and a Rule to File a Complaint pursuant to Rule 1005B of the Pennsylvania Rules of Civil Procedure for Magisterial District Judges. Respectfully submitted, ECKERT SEAMANS CHERIN & MELLOTT, LLC (J~~ .~ . J Ifer L. , EsqUIre J.D. No. 88 ~3 213 Market Street, Eighth Floor P.O. Box 1248 Harrisburg, P A 17108-1248 717.237.6000 Date: October 6,2006 Counsel for Pennsylvania Builders Association Benefits Trust October 16, 2006, Appeal stricken in accordance with above Praecipe. {L0319119.1} ~ -- CERTIFICATE OF SERVICE I certify that delivery of a copy of Pennsylvania Builders Association Benefits Trust's Praecipe to Strike Appeal Pursuant to Pa. R. C. P. M.D.J. No. 1006 has been served upon the person and in the manner indicated below, which services satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Via First Class U. S. Mail Charles Knight d/b/a Knight Contracting 6733 Lower Court Slatington, P A 18080 Counsel for Pennsylvania Builders Association Benefit Trust Date: October 6, 2006 {L0319119.1} ~::1 2:~ o ... J --:, u' -0 ,,) c....n