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Home My WebLink About03-3518IMONWEALTH OF PENNEYLYANIA COURT Of COMMON PLEAS NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL rJ"~'~l~ ~¥~ ,~00~ Notice is gN~n that the ~ellant has filed in the above Cou~f of Comman Pleas an appe~[ from the judgment rehdered by the District Justice an the date and in the case ~ belo~ This block will be signed ONLY when this notation is required under Pa. R.CJ~.J.P. N~ 100BB. This Notice of Appeal, whe~ received by the District Justice, wili opesate as a $UPERSEDEAS to the judgment for possessian in this case Sk~alure o! Prothonotary o~ 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 (3'his section of foe-n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before Disb'ict Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon al)pellee). PRAECIPE, To Pmfl~onotory / ~ Na-ne of (Comman Ple~ No, O - 3~-/~;~ C';il ) within twenty (20) days after s~'~ of non prin. RULE, To Ot,~'~. %~r~tZ c~ ,appd~s). ~ ~ ~ope~ee(s) (1) You am notified that o rule is heed~y eflteeecl upofl you to file a complaint in this apped within tw~flty (20) days aft~ tbe date of service of this role upan you by personal service o,,' by certified o~ registered mail (2) If you do not file a complaint within this time, o JUDC4~ENT OF NON PROS WILL ~ ENTERED AGAINST YOU. (3) The date of service of this rule if service was by ma~l is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT COMMON WEALT~ OF: PENNSYLVANIA AFFIDAVIT: I hereby .... "~ f';,,' ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist No 09-1-02 ROBERT V. MAN-LOVE A~d~s~ 1901 STATE STREET CAMP HILL, PA r~,.p,on¢ /717} 761-0583 JOHN LEDGER 1050 COUi~TRY CLB RD CAMP HILL, PA 17011 17011'0000 NOTICE OF JUDGMENT/TRANE;CRIPT p.A,NT,.F .UDGME &O :AsE FC, OUSE CaIROP AC C 427 N ENOLA RD APT/STE ENOLA, PA 17025 VS. OEFENDANT/JUDGMENTChqA~9~D~ESS ~EDGER, JOHN 1050 COUNTRY CLB RD CAMP HILL, PA 17011 Docket No.: CV-0000213-03 Date Filed: 5/06/03 THIS IS TO NOTIFY YOU THAT: Judgment: Z~ Judgment was entered for: (Name) ~ Judgment was entered against: (Name) FOR PT,ATNTIFF o~UR~ ~TROpRAC~T~ T.~D~RR~ JO~4'19' in the amount of $ %211 ~0 on: (Date of Judgment) [~ Defendants are jointly and severally liable. Damages will be assessed on: E~ This case dismissed without prejudice, ~] Amount of Judgment Subject to Attachment/Act 5 of 1996 $ (Date & Time) Amount of Judgment $ 5,097.00 Judgment Costs $ 114.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 5,211.50 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUOGMENT 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 tN THE RULES OF C/WL 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 SY 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. I c~f~atthis i;;tt;ue ~~ /;/~ocpngs coh~nihpju~gment. ?*' My commission expires first Monday of January, 2 0 06 , SEAL AOPC 315-03 DATE ~RI~: '7/0?/03 9~28=26 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 GOUSE CHIROPRACTIC, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3518 JOHN LEDGER, Defendant pRAECIPE TO STRIKE OFF APPEAL PURSUANT TO PA. DISTRICT JUSTICE RULE 1006. Movant is Gouse Chiropractic, a corporation doing business at 427 N. Enola Road, Suite H, Enola, Cumberland County, Pennsylvania 17025. Respondent is John Ledger, an individual residing at 1050 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. On July 7, 2003, District Justice Manlove awarded Movant a judgment in the amount of $5,211.50. A copy of the Judgment is attached hereto as Exhibit "A." On or about July 24, 2003, Respondent filed an Appeal with the Court of Common Pleas of Cumberland County to this docket number. A copy of the case status is attached hereto as Exhibit B. No service of the Appeal was made on Movant. No Proof of Service was filed with the Court within ten (10) days after filing the Notice of Appeal in accordance with Pa. R.DJ. 1005 (B). Respondent's Appeal as filed on July 24, 2003 must be stricken in accordance with Pa. R.DJ. 1006 for Respondent's failure to comply with Rule 1005 (B). WHEREFORE, Movant requests that the Appeal filed by Respondent, John Ledger, to be stricken in accordance with Pa. R.D.J. 1005 (B). DATE: August 22, 2003 Respectfully' ~ ~ll]mitted, / ~ aBr~dS;ms tP~ee:tSulliv an' E squ ' New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 And now, August 22, 2003,the above appeal is stricken accordance with above praecipe. Curtis R. Long, Prothonotary ~ ! Deputy Prothonotary in EXHIBIT "A" ,,U,v~,.)NVV~,~L ~'m Ur ~,~ Y LV,~'~' ;OUNTY OF: -C~tm~m~'~'r'~'~-~3 = 09-1-02 RoBEKT V. MANLO%TE ~'~: 1901 STATE STREET CAMP HILL, PA 761-0583 17011-0000 DR CH~ISTOPH~ GOUSE 427 N ENO[~ P.D APT/STE H ENOLA, PA 17025 NOTICE OF JUDGMENT/TRANscRIPT 427 N ~NOLA P.D APT/STE H ENOLA, PA 17025 [- VS. DEFENDANT/JUDGMENT C~T~I~T~I~DRESS '-~ 1050 COOt~'rJ~¥ C7.~ ~ IDocket No.: CV-0000213-03 / Date Filed: 5/06/03 (Name) THIs IS TO NOTIFY YOU THAT: Judgment: [~ Judgment was entered for: ~ Judgment was entered against: (Name) intheemountof$_ ~,'~11 c;O on: ~ Defendants are jointly and severally liable. ~--~ Damages will be assessed on: ~'-~ This case dismissed without prejudice. (Date o~ Judgment) __ (Date & Time) _ 7/n /n Amount of Judgment $__55,097. 001 $ 114.50 Judgment Costs ,00 IntereSt on Judgment $- $_ .oo Attorney Fees $ 5 211.50 Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Amount of Judgment Subject to [~ Attachmen~Act 5 of 1996 $_ cctk LL R, FILI.G A"OT'CE ANY pARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT OF APPEAL WITH THE pROTHONOTARWCLERK OF THE COURT OF COMMON FLEAS. 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 WR'H THE JUDGMENT. Date ~~ SEAL My commission expires first Monday of January, 2006 · AOPC315-03 DATE pKINTED: 7/07/03 9:28:26 AM EXHIBIT "B" cumberland County Prothonotary'S office Page 1 pyS510 civil Case Inquiry 2003-03518 GoUSE CHIROPP~ATIC (rs) LEDGER JOHN Filed. : 7/24/2003 ....... 9:38 Time ......... : 0/00/0000 Reference No..: ..... : APPEAL - DJ Execution Date Disposed Date. 0/00/0000 d~ Higher Crt 1.: Dip ........... Higher Crt 2.: ............ Case CommentS General Index pLAINTIFF GoUSE CHIROPRACTIC 427 N ENOLA RD APT/STE H ENOLA PA 17025 DEFENDANT BRATIC DuSAN LEDGER JOHN 1050 coUNTRY CLUB ROAD CAMP HILL PA 17011 Entries ..... ~************** ............. FIRST ENTRY - - - APPEAL FROM DISTRICT JUSTICE jUDGMENT ............ LAST ENTRY 7/24/2003 _ _ *********************************** row information * Esc _ ~ ~ End Bal _~********** · ** ...... * .00 35.00 35.00 .00 APPEAL D.J. .25 .25 TAX ON APPEAL 5.00 5,00 .00 SETTLEMEN 5.00 5.00 .00 AUTOMATION FEE 10.00 10.00 .00 JCP FEE ................................ 55.25 55.25 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge S~xeet New Cumberland, PA 17070 (71~7) 774-1445 GOUSE CHIROPRACTIC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3518 JOHN LEDGER, Defendant CERTIFICATE OF SERVICE_ I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Praecipe To Strike, in the above-captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Dusan Bratic, Esquire 101 US Route 15 S Dillsburg, PA 17019 Dated: August 22, 2003 Robert V. Manlove District Justice District Count 09-1-02 1901 State Street Camp Hill, PA 17011-0000 ~-~bara Sumple-Sullivan, Esqui 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT AFFIDAVIT: I he'eby swear of affirm that I served ~."~ ~ & SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ~ COMMONWEALTH OF pENNSYLVANIA COURrOF COMMON PLEAS NOTICE OF APPEAL FIK~ DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ;;;~' ~¥, 0~0°3 hk)fice is ~ that the appdlant has fik~d in the above Court of Common Fqeas afl ,appeal from the judgment ret~med by the District Justice on Ihe date and in the cme mentioned bek~q~ ~8~ ~ ( ~ ) in ~ti~ ~ ~ict J~e, ~ ~ ~t~ of ~, ~ ~d~ ~ ~ ~st~e, ~11 ~m as o ~E~S ~ ~ J~ ~ ~ in ~is cas~ FILE A ~PLAINT within ~ (20) ~ 8~ filing his ~T~E of A~AL. pRAECIPE TO ENTER RULE TO FILE C~PLAINT A~ ~ ~tm ~ ~ ~ ~ ~ ~Ly w~ ~ll~t ~ ~FEN~NT (~ ~. R~.P.J.P. ~. 1~I(7), i~ ~e ~ ~e. PRAECIPE: To ~ry u ~ ' (3)~of~eof~s~w~il~°f~li~ ~ ~:., .- COURT FILE AOPC 312-90