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Home My WebLink About99-07218C6& MOAWEALTH OF PENNSYLVANIA ....-1 COURT OF COMMON PLEAS OF` CU:aBERLA?,iD COUN'2r, PA. JUDICIAL DISTRICT i i NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT CCWAMON PLEAS No W- r NOTICE OF APPEAL /J1r1'r Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. David Aguillard k-Ion. Susan Day 09-3-03 Logan Drive David Cv 19 0000199-99 LT 19 Gardners PA 17324 nu moat w" ce signed UNLY when this notation is required under Pa R.C.P.J.P. No 10088, This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case ar Bruce Ruth IVDS:DBA Dawn Conver- appellant was 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. R.CP.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPEt To Prothonotary Enter rule upon Nana of aqx/Ate(s! , appellee(s), to file a complaint in this appeal (Common Pleas No ) within twenty (20) days after service of rule w suffer entry of judgment of non pros Sigrafua a eppeltvd a nc afevrky or agars RULE: To , appellee(s). Ma?rre of apx//oafs! (I) 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 mail. (2) If you do not file 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 mailing Dale: , 19_. SO Mare at Rwractary Or De" taac asx-B COURT FILE TO BE FILED WITH PROTHONOTARY - - -_11 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service AIUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Chock applicable boxes) COMMONWEALTH OF PENNSYLVANIA ..COUNTY OF ; as AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (doto of service) ? by personal service ? by (certified) (registered) mail. sender's receipt attached hereto, and upon 111e appellee, (name) , on 19 ? by personal service ? by (certified) (registered) mail, sender's recelpt attached hereto. ? and further that l served the Rule to Filea Complaint accompanying theabove Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19^ ? by personal service ? by (certified) (registered) mail, senders receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF . 19- Signature of affianf sgnalmo or omual belt.. whom MI'danl was rondo rills of alhcild My commission expires on . 19__ n %ja to O 'n cc rrn _--I? FT C-3 iii M IQ rte- L ?U . D ? 7?T N 3m C:1 O b O .? t% COMMONWEALTH OF PENNSYLVANIA r'nIINTvnF• CUMBERLAND Maq. 015t No.: 09-3-03 0J Name: Hon. SUSAN-K. DAY AW,eaa: 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA TebpN.e:(717) 486-7672 17065 ATTORNEY FOR PLAINTIFF : CHRISTIAN C. HUGEL, 60 N_ 34TH ST. HARRISBURG, PA 17109 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: rA-GUILLARD NAME ane ADDRESS DAVID , 14 LOGAN DRIVE GARDNERS, PA 17324 L J VS. DEFENDANT: NAMEaadaoDRESS rBRUCE RUTH IND&DBA DAWN CONVERSIONS 1445 HOLLY PIKE CARLISLE, PA 17013 ESQ. L J DocketNo.: CV-0000199-99 Date Filed: 8/17/99 . r THIS IS TO NOTIFY YOU THAT: Judgment: BRUCE RUTH IND&DBA D, AWN CONVERSION-DEF. 001 . DISMTg3ED W/O PRRTmTGE ? Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on: ?X This case dismissed without prejudice. on: Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or F-1 generally stayed. F-1 Objection to levy has been filed and hearing will be held: (Date of Judgment) (Date & Time) Amount of Judgment Judgment Casts Interest on Judgment Attorney Fees Post Judgment Credits $ Post Judgment Costs $ ------------ Certified Judgment Total $ 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 MUSTINCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. t? I ! Date Distr1cf Justice. I certify the( this is'a true and correct Dopy of the iecoi of the proceedings containing the judgment. Date District Justice My commission expires first Monday of January, AOPC 315.99 2004 SEAL t t QEC 01 1999Db IN THE COURT OF CO:i;:rION PLsAS OF CU13J3iiLAeND COUNTY, PENNSYLVANIA DAVID AGUILARD, Plaintiff V. BRUCE TRUTH ind c DBA DA,'IDT CONVERSIOA'S, , Defendant CIVIL ACTION - LAST ORDER AND ?OW9 this 11t day of December, 1999, it is hereby ORDERED that Plaintiff's time for filing an Appeal From District Justice Judgment is tended to December 1, 1 g9J ?c.ti?tozl .,Qit.?Jyc? cXz d tiiiLo ?o ?it,LvL, cz?h-Z` "?4 BY THE COURT, w J. 'riLGU-i:'"PI?- OF TH S9UEC-1 h5n l FGviwYCer??!ti COURT OF CO;?.idOF PLE;S OP CUTQ E'RLAi4D COUNTY, PENNSYLVANIA DAVID AGUILLARD, Plaintiff No. 9'i V. BRUCE RUTH ind & DBA CIVIL ACTIOid - LAW DAWN CONVERSIONS, Defendant PETITION TO FILE' :1FPEAL FROM., DISTRICT JUSTICE; JUDGETMETNT I,Christian C. Hugel,Esquire, attorney for Plaintiff David Aguillard, hereby Petition to allow the filing of the Appeal From District Justice Judgment on this date, December 1, 1999. 1. A hearing before District Justice Day was held on October 27, 1999. 2. District Justice Day ruled the matter Dismissed Slithout Prejudice. 3. On or about November 2, 1999, Plaintiff's counsel received a Notice of Judgment from District Justice Day. 4. The only date of Judgment on the Notice of Judgment received by Plaintiff's counsel is November 1, 19992 the date District Justice Day signed the notice of Judgment. 5. The line on the Notice of Judgment indicating the Date of Judgment was left blank. 6. Immediately above District Justice Day's signature and the date of signature, November 1, 1999, appear the words "Any party has the right to appeal within 30 days after the entry of judgment by filing a not ice of appeal *r:ith the prothonotary clerk of the 6ourt of Common Pleas I Civil Division. You must include a copy of this Notice of JudMent/Transcript form with your Notice of AT)peal." 7. Plaintiff's counsel naturally assumed that the tolling of -the 30 days began on November 1, 1999, the only date on the Notice of Judgment. £3. In fact, tolling of the thirty days began on October 27, 1999, the date of hearing. WHEREFORE, Christian C. Hu?.el, Esquire, attorney for Plaintiff David ?,guillard, requests leave to file Plaintiffs Notice of appeal on Decenber 1, 1990, , which is within 30 days of November 12 1999, the only date on the Notice of Judgment. -Respectfully submitted, i Date: CAChristian C. C, Huge , sq ire 60 N. 34th StreC17109 Harrisburg, I.D. # 76062 (717) 540-5583 ?i \. T11(h M ujli? I -J! L+_7 r_Ia I" L Cn C7 U IN THZEI COURT OF COi.:LiOY PLi:AS OF CZi 1i3 Rl:A?ID COUITTY, E-71vSYLVANIA DitVID AGUILL.'13D, Plaintiff \O. V. BRUCE RUTH ind D33A CIVIL :.C2IO1d - LAiY DASD( CONVERSIONS, Defendant CERTIFICATE OF SERVICE I, Christian C. Hugel, Esquire, do hereby certify that a true and correct copy of the Petition To File Appeal From District Justice Judgment in the above captioned matter was served upon Defendant's counsel by depositing same in U.S. Mail, First Class, Postage prepaid, and addressed as follows: Jeff Shipman, Esquire 320 market Street Harrisburg,) PA 17101 Dated: IZ/lJ l 1 Resn etfully submitt r ed, 111 Christian C. Hugel, quire 60 N. 34th Street Harrisburg, PA 17109 I.D. 76062 (717) 540-5583 Cl) = r 3 s ?1( i rJ? U Cl- 1-- C? U " c,-, U ry/ 7 O V` n JeD'erson J. Shipman, Esquire I.U. tt 51785 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234.4161 Attorneys for Defendant DAVID AGUILARD, Plaintiff V. BRUCE RUTH individually and d/ba DAWN CONVERSIONS, Defendant r.:_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 99-7218 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Jefferson J. Shipman, Esquire and John R. Ninosky, Esquire, of Goldberg, Katzman & Shipman, P.C., as counsel on behalf of Defendant Bruce Ruth, individually and d/b/a Dawn Conversions in the above-captioned action. GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jefferson J. Shipman, EsquircJ Attorney I.D. No. 51785 John R. Ninosky, Esquire Attorney I.D. No. 78000 320 Market Street 1'. 0. Box 1268 Ilarrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: //1p 160 Counsel for Defendant 36564.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the k day of , 2000, addressed as follows: Christian C. Hugel, Esquire 60 North 34" Street Harrisburg, PA 17109 GOLDBERG, KATZMAN & SHIPMAN, P.C. By _f!2L le d Z(eA" Joh . Ninosky, Esquire Attorney I. D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant ! S- n N . U - 3 QZ CC^- Va :_1 {'C' ? 11.7 !7]t1 !? G C 7 U Jefferson J. Shipman, Esquire I.D. 1151785 John R. Ninosky, Esquire I.D.1i78000 GOLDBERG, KATZDIAN & SHIPMAN, P.C. 320 Markel Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DAVID AGUILARD, Plaintiff V. BRUCE RUTH individually and d/ba DAWN CONVERSIONS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 99-7218 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this day of January 2000, upon consideration of Defendant's Praecipe to Strike Plaintiffs Appeal from a District Justice pursuant to District Justice Rule of Civil Procedure 1006, Plaintiffs appeal is hereby STRICKEN for failure to comply with District Justice Rule of Civil Procedure 1004(A). BY THE PROTHONOTARY: JcffersonJ. Shipraan,Esquirc I.D. # 51785 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DAVID AGUILARD, Plaintiff V. BRUCE RUTH individually and d/ba DAWN CONVERSIONS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 99-7218 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO STRIKE AN APPEAL FROM A DISTRICT JUSTICE PURSUANT TO PA.D.J.R.C.P. 1006 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Plaintiff was the claimant in a District Justice proceeding from which the District Justice entered an award in Defendant's favor. 2. Pa.D.J.R.C.P. 1004 states, "If the appellant was the claimant in the action before the district justice, he shall file a complaint within twenty (20) days after filing his notice of appeal. 3. Plaintiff filed a Notice of Appeal on December 1, 1999. 4. Plaintiff has not filed a Complaint within the required twenty (20) days. WHEREFORE, Defendant respectfully requests that this Honorable Court strike Plaintiffs appeal. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jefferson J. Shipman, Esquire" Attorney I.D. No. 51785 John R. Ninosky, Esquire Attorney I.D. No. 78000 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant DATE: 40/00 36575.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at , 2000, addressed as follows: Harrisburg, Pennsylvania, on the _Lo- day of Christian C. Hugel, Esquire 60 North 34 s Street Harrisburg, PA 17109 GOLDBERG, KATZMAN & SHIPMAN, P.C. By 4joNLinosky, ?,u?_ squire Attorney I. D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant 4 ? r• c• u!r N ¢ J ? U. CD U