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HomeMy WebLinkAbout03-4954NOTICE OF APPEAL FROM JUO~IAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL 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 ou the date and in the case menfioned belove Th~ ~ck will be ~ ONLY ~n ~is ~m~ is required u~ P~ R~PJP. If~ll~t ~S CLA/MANT (s~ ~. R.C,P.J.R NO. 1~8E ~s ~t~ of A~I, ~ ~ by ~ Distr~t ~st~e, w{ll ~ as a I~1(6) in ~ti~ ~f~ D~ict J~t~e, ~ MUST ~PER~D~S ~ t~ j~t ~ ~ in this ~se FILE A C~AINT within t~y (20) da~ aft~ filing his ~TICE ~ A~EAL. S~a~ of ~t~y ~ ~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sect/on of form to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C.F~,~P. No. 1001(7) in act/on before D~sO-ict Justice. IF NOT USED, del~cl~ from copy of notice of al3oeal to be served upon appellee). PRAECIPE~ 1'o Prothonotary Enter rule upou ~'~h/'l D-~'p~'~t' ~ ,appellee(s),tafileacomplaintlnthlsappea/ 0 t '-f . ) within fwerlty (20} d~ys offer sef'vlce/~ ru~e or suffer entry of judgment of non pros. Ne~ne ~f ~oe//eef's) (1) Yau are notified that a rule is hereby entered upon you to file a compkzint in this appeal w/thln twenty (20) days after the date of service of Iflls rule upon you by personal service or by certified or reg/stemd mail (2) If you do not file a complaint within this t/me, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. 13) The date of service of this rule Jf set'vice was by mall is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO 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 ~_~ a copy of the Notice ct Appear, Common Pleas No upon the District Justice designated therein or~ (date o! service,) [] by personal service [] by (certified) (registered) mai. sender's receipt attached hereto, and upon the appellee, ,/name) on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, [] and further that i served the Rule to File a Complaint accompanying the above Notice ct Appeal upon the appellee(s) to whom the Rule was addressed on [] by personal service ~ by (certified) (registered) mail, sendeCs receipt attached hereto, SWORN (AFFIRMED) ANO SUBSCR BED BEFORE Mb THIS ........... DAY OF ........ My commissiof~ e×p res co COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBEI~AND Mag Dist No.: 09-2-01 DJ Name: Address: I COURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 260-6564 RICK SHAW 300 WALNUT LANE CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~SHAW, RICK 300 WALNUT LANE CARLISLE, PA 17013 VS. v~/% DEFENDANT: NAME and ADDRESS 17013 ~,0,00;(~,~ FD~PAOW, JOHN '~' -'/ ~)~INGTON, VA 22205 5/30/03 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) FOR DEF~qDANT in the amount of $ . ~ on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. F~ Amount of Judgment Subject to AttachmentJ42 Pa.C.S. § 8127 $ ---[Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) (Date & Time) Amount of Judgment $_ .0O Judgment Costs $_ .00 Interest on Judgment $ .00 Attorney Fees $_ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PAR:FY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT~ BY FILlNG, Ar 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 ~,PPEAL. 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. I certify tha. t this Date ~.,~ ,,~¢¢~ ~~~--4,~, ,,-~ , District Justice is a true andy of tt~,4~,~/,~rocee~'~s~ontaining the judgment. My commission expires first Monday of January, 2006./~ ~ '--~~ SE.AL/), ,~~.~ AOPC315-03 DATE PRINTED: 8/21/03 1:49:33 PM /~7-/q'v~'~ ' ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~ELR. LAND 09-2-01 PAUI,A P. CORREA~ ^d~e~s: i COURTHOUSE SQUARE CARLISLE, PA (717) 240'6564 RICK SHAW 300 WAI~NuT LANE CARLISLE, PA 17013 T~IS IS TO NOTIFY YOU THAT: Judgment: [~ Judgment was entered for: (Name) Judgment was entered against: (Name) 17013~0000 NOTICE OF JUDGMENT/TRANSCRIPT p LAiN Ti F F/j U O G M EI~,J ~O/elbJ't 0(~ASE FDE PAUW, JOHN 1903 N. QUI~A ST. ~LING~N, VA 22205 VS. DEFENDANT/JUDGMENT FS~W, ~CK 300 W~T ~ ~LISLE, PA 17013 L Docket No.: CV~0000203-03 [ ~ Date Filed: 8/11/03 CROSS COMPLAINT 001 .J FOR PT.ATNTTFF DR pAT~W, JOW~ W in the amount of $ "1, R"/o. q4 7-] Defendants are jointly and severally liable. , ~,_ D,,amages Will be assessed on: [~ This case dismissed without prejudice. E~ Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ [] Portion of Judgment for physical damages arising out of residential lease $ on: Date of Judgment) (Date & Time) Ar~ount of Judgment ' $_&, 87 0.9_~ ~Jubgm~nt 'gosts ~: $ ' .0 0 Interest on Judgment $ .0 0 Attorney Fees $ .00 Total $ 1,870,94 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Tolal $ 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 PROVIDEO 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 DEDTOR .RAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ r...~ ' , V. v~ i-. ; D~StrlCt Justice I certify that this is a true one cprrect copy of ?e record or,he proceedi~s ~0m~n~ng" ~he j~g~ent. My commission expires first Monday of January, 2006. AOPC 315-03 DATE PRI~: 8/21/03 1:56:30 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO 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 ~/vt~:~ l~'~, ~( ' SS AFFIDAVIT: I hereby swear or affirm that I served . [] a copy of the Not ce.,,.of.Appeal~ Common Pleas (date of service) __~,/'~_~.~ ............ dY p, erson~l ,;ervice LJ ~y (.cer[i~ied) [regis'~ereel mall, seneers receipt attached heretO, and'upoh"the appellee (name) ~.~..~¢ .~...~ c~ ~.;, ---. ~_~.,: ~,. _~.~_, on, ~_~.. ¢~ ~, _,2.,~ ~ '~ [] by personal service [] by (certified) (registeree/maih seneer s receipt attacneo here[o, [] and fib"th"er that I ~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule wa,s. addressed on .$~'J~ ~,,,~'-_A.~ ........ ~, ~ [] by personal service [] by (certified) (registered) mail, sender s receipt attached hereto. SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME T, s OF_ - ~TAR AL SEAL ~ CLAUO A A. BREW~AKER, NOTARY PUBLIC ~r sl~Bero, C~mberland County C(~AMON~fEALTH OI~ PENNSYLVANIA COURT OF COMMON PLEAS JUO4CIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the al:~k~t has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice o~ the date and in the case mentioned belo~ 30L/ O,e,- o_,~.~ J~ ~ ~ I~/.' i~ ~'-~ v~ ~ ~ wi~ ~ ~ ~LY ~ ~s r~i~;~ is ~uimd u~ .CPJ~ ~ ff ~l~t ~ CLAIMANT (S~ ~. R.C. RJ.P. No. 1 ~S& ~s ~ of A~I. ~ ~d~ by t~ Disffict Jus~e. ~11 ~ m a 1001(6) in ~ti~ ~ ~t J~t~e, ~ ~ST ~S ~ ~ j~ ~ ~ ~ this ca~ FILE A COMPLAINT within t~ (20) ~ aft~ filing h~ ~E of A~AL. S~a~ ~ ~y ~ ~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE PRAECIPE: To Pmthanotary (1] You am 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 AOPC 312-90 COURT FILE ?003 10,10 00.0N 7817 2308 7003 1010-0004 7817 2292 Addressee. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address or] the reverse so that we car] return the card to you. · Attach this card to the b&ck of the mailpiece, or on the front if space permits. 1. Article Add;essed to: PS Form 3811, August 2001 Received by ( P Date of Delivery ] Yes 3, Service Type r~ Certified Mail [] Registered [] In.~;ured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restr cted Delivery? (Extra Fee) [] Yes 7003 1010 0004 7517 23U8 __ RICK SHAW, Plaintiff vs. JOHN De PAUW, Defendant : IN THE COURT OF COMMON pLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - : 03-4954 : : APPEAL FROM DISTRICT JUSTICE JUDGMENT PRAECIPE TO STRIKE APPEAL PURSUANT TO pA.R.C.P.D.J. 1006 Dear Sir: On September 18, 2003, Rick Shaw filed an Appeal to the above term and number from a Judgment entered by District Justice Paula Correal on August 21, 2003, to No. 20303, Magisterial District 09-2-01. More than twenty (20) days have passed since the filing of this Appeal, and the Plaintiff has not filed a Complaint as required by Pa.R.C.P.D.J. 1004A. please strike the Appeal and 'ohn De Pauw, Pursuant to Pa.R.C.P.D.J. 1006, enter Judgment of Non Pros in favor of the Defendant and against the Plaintiff, Rick Shaw. ~ Es~q TO: Curtis R. Long, P rothonotar~~ ~ ~ Da~e F. Shu~Hart~ ~r. ire Attorney I.D. ~ 1~362 35 East High Street, itel203 Carlisle, PA 17013 (717) 241-4311 Attorney for Defendant, John De Pauw Date: October 9, 2003 October 9, 2003, Appeal Stricken. ~ Ck~-tis R. Long, Prothonotary~