Loading...
HomeMy WebLinkAbout01-6242NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA DISC2 FROM DISTRICT JUSTICE JUDGMENT COMMO"P'EAS"°' -- NOTICE OF APPEAL Notice is given that the appellant has fi[ed in the above Court of Common P~eas an appea~ from the iudgment rendered by the District Justice on the date and in the case mentioned be[ow. , LTl9_ If appellan was Claimant (see Pa. R.C.P.J.P. This block will be signed ONLY when this ~!!!ll ope~_______j No. 1001(6)in action before District Justice, he R.C.P.J.P. No. 1008B. . . . · This Notice of Appeal, when received by the MUST FILE A cOMPLAINT within twenty (20) a SUPERSEDEAS to days after filing his NOTICE of APPEAL. Signature c PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE .... 17055 PA M~CtiANI~G ROB~T MUSTIN, et al. (This section of form to be used ONLY when appel/ant 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 ~, appellee(s), to file a complaint in this appea~ ARROW Oc~STRUCTION. '~ .(s' os Enter rule upon ~ ~ Narneofappele [/ ~ ...... of ;udgment ot non pr · Signature of appellant or his attorney or - _ 838 RULE: To ~p~ee(~) 802 ~a[~u[ Si. ~ ~- 7042 2~17) 273-1661 (1) YOU are notified that a rule is hereb~ entered upon you to file a complaint [n~~l _,~hl~ twenty ( ) days after the date of service of this rule upon you by personal service or bv 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) Thedateof service °f this rule if serv[ce was bY mad is the date °f ma[Eng' ~~ ~~ -- ' SignOre of ProthonO~arF Date:~ -,~1 ,~oPc 3~2-9o cOURT FILE TO BE FILED WITH PROTHONOTARY SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS~ DAY OF_ . ~f official before whom affidavit waS made Title o f official My commission expires on~ ~ , 19__ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Th/s proof of service MUST BE F/LED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMoN~VEALTH OF PENNSYLVANIA COUNTY OF_ AFFIDAVIT: I hereby swear or affirm that J served [] a Copy of the Notice of Appeal, Common Pleas No. ~_____~, upon the District Justice designated therein on (dateo£$erv/ce}__ ., 19~_ [] by receipt attached hereto, and upon the appellee, (naVel. personal service [] by (certified) (registered) mail, sender's ~, 19~[] by personal service [] by (certified) (registered) aH, 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__ ~ --, 19~, [] by personal service [] by {certified) (registered) mail, sender's receipt attached hereto. Si§nature of affiant ;OMMONWEALTH OF PENNSYLVANIA ;OUNTY OF'. ~--'OI*~E~ - ~ D~,. ~o.~ 0 9 - 1 - 0 2 DJ Name; Hon. ~,.ss: 1901 STATE STREET CAMP HILL, PA To~ho~.: (717) 761-0583 ATTORNEY DEF pRIVATE JO~N L. HEATON, ESQ. 8O2 W~ LEBANON, PA 17042 17011-0000 NOTICE OF jUDGMENT/TRANSCRIPT CIVIL CASE pLAiNTiFF: NAME and ADDRESS -~ FARROW CONSTRUCTION 315 DAKK HOLLOW KD SHERMANSDALE, PA 17090 J L VS. DEFENDANT: NAME and ADDRESS ~ FMUSTIN, ROHEHT, ET AL. 863 AC~I KD. MECHANICSBUKG, PA 17055 THIS ISTO NOTIFY YOU THAT: ..__~OR Judgment: []Judgment was entered for: (Name) A~r3w c'nNnq'RU~'PTnt~ [] Judgment was entered against: (Name) in the amount of $ __ __/9.: 684 _QI~- on: (Date of Judgment) I n/nzt./~l [--~ Defendants are jointly and severally liable. ~ Damages will be assessed on: ~This case dismissed without prejudice. Amount of Judgment Subject to ~'-~ Attachment/Act 5 of 1996 $_ Levy is stayed for_ _ days or ~ generally stayed. (Date & Time) _ __ -- -- Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $_ 13~33.5 $ 2 684.01 Post Judgment Credits $-- -- Post Judgment Costs $-- -- -- Certified Judgment Total $~ -- -- ~ Objection to levy has been flied and hearing will be held: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF jUDGMENT ElY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF TIlE COURT OF cOMMON PLEAS, CIVIL DIVISION. YOU .eL. DE A COPY OF T" CE F U'T" YOU..OTICE oP APPEA'. My commission expires first Monday of January, 2006 AOPC 315-99 COMMONWEALTH OF PENNSYLVANIA couNTY OF: CUta~'r~'-WD ' --MaO. D~st. NO,: 0 9 ' 1 ' 0 2 DJ Name: Hon, ~es~ 1901 STATE STREET CAMP HILL, PA Telephone: (717) 761:0583 17011' 0000 MS. MUSTIN 863 ACKI RD MEcHANICSBU~G, PA 17055 NOTICE OF jUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~ UARROw CONSTRUCTION 315 DARK HOLLOW RD SHE/~MANSDALE, PA 17090 L VS. DEFENDANT: NAME and ADDRESS ~ UMUgTIN, ROBERT, ET AL- 863 AC. RI RD' MEcHANICSBURG' PA 17055 _J in the amount of $ ~ - [~ Defendants are jointly and severally liable. [-]Damages will be assessed on: []This case dismissed without prejudice. THIS IS TO NOTIFY YOU THAT.: ; .]FJ3R Pf,~'rt~l~'rFF Judgment: [] Judgment was entered for: (Name) ~~'~nml*!r'-q~Tc~l [] Judgment was entered against: (Name) ~R - ~ RR4. nO on: (Date of Judgment) 1 (Date & Time) Amount of Judgment -- ~50] $-- 133.5_0_1 Judgment Costs -- .0_0 Interest on Judgment $~ · 0-001 Attorney Fees $-2 684,. 00 Total Amount of Judgment Subject to Post Judgment Credits $-- .~" E~ Attachment/Act 5 of 1996 $. Post Judgment Costs $~ - [ Levy is stayed for_ ~days or [ generally stayed. Certified Judgment Total $-----~ ~ Objection to levy has been filed and hearing will be held: 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 NC~U~;A COPY OF T -hI]'-~)cE ~D''~ JUD~];~c~IfT F~UITH YOUR NOT'~c~ OF APPEAL' ¢ ,*" ~.~, ,,'~;, Date ~ V , =,strict Justice My commission expires first Monday ol January, 2006 AOPC 315-99 ARROW CONSTRUCTION, Plaintiff VS. ROBERT MUSTIN, ET AL., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6242 CIVIL TERM NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS To: Arrow Construction, Plaintiff, and its attorney, Charles F. Chenot, III, Esquire Date of Notice: January 4, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT I~IGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 or 800-990-9108 JOHN L. HEATON, ESQUIRE WEISS, WEISS & WEISS 1~02 Walnut Street P. O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 I.D. #16054 Attorneys for Defendants CERTIFICATE OF SERVICE I, John L. Heaton, Esquire, hereby certify that a tree and correct copy of the foregoing Notice of Praecipe to Enter Judgment of Non Pros was mailed by Regular United States First Class Mail, Postage Prepaid, on the 4th day of January, 2002, to: Charles F. Chenot, III, Esquire 217 S. Carlisle Street P. O. Box 250 New Bloomfield, PA 17068 JOJa*~ L. HEATON, ESQUIRE )v ss, & WEISS ,~g02 Walnut Street P. O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 I.D. #16054 Attorneys for Defendants ARROW CONSTRUCTION, Plaintiff VS. ROBERT MUSTIN, ET AL., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6242 CIVIL TERM PROOF OF SERVICE Appellants, Robert Mustin and Margaret Mustin, by their undersigned counsel, hereby certify that the Notice of Appeal and Rule to File Complaint, entered October 31, 2001, was served on Appellee, Arrow Construction, by first class mail to its attorney, Charles F. Chenot, III, Esquire, on November 27, 2001, and accepted by him on December 5, 2001 (Exhibit "A") and by personal service by PA State Constable Leslie E. Moyer to James "Moose" Boggs on December 6, 2001, at 7:30 p.m., at his residence (copies of the instructions to Mr. Moyer and his return on service are attached hereto as Exhibits "B" and "C" respectively). Appellants further certify that the Notice of Appeal and Rule to File Complaint were sent by Certified Mail, Return Receipt Requested, to Arrow Construction, Attention: James A. Boggs, on November 1, 2001 (letter and Proof of Service are attached hereto as Exhibits "D" and "E" respectively). The said Certified Mail letter was returned to sender marked "Unclaimed" on November 23, 2001 (Exhibit "F"). ~ ~-~ ,~7_ ,,.r..~ JOh~N/L. HEATON, ESQUIRE WI~I~S, WEISS & WEISS 802 Walnut Street P. O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 I.D. #16054 Attorneys for Appellants cc: Charles F. Chenot, III, Esquire Robert and Margaret Mustin WEISS, WEISS & WEISS (1946-1988) November 27, 2001 Charles F. Chenot, III, Esquire 217 S. Carlisle Street P. O. Box 250 New Bloomfield, PA 17068 Re: Arrow Construction v. Robert Mustin, et al. No. 01-6242 (C.P. Cumberland Co.) Dear Mr. Chenot: Enclosed herewith please find a copy of the correspondence and Notice of Appeal which I sent to Mr. Boggs via certified mail on November 1, 2001. The certified mail letter has been returned to me by the U.S. Postal Service marked "Unclaimed" (copy of envelope attached). If you are authorized to accept service of the Notice of Appeal on Mr. Boggs' behalf, kindly so indicate by signing the "service accepted" line on the enclosed copy of this letter and returning it to me. If you are not so authorized, kindly let me know immediately and I will hire a constable to serve Mr. Boggs. Thank you for your attention to this matter. If you have any questions, or ifI may be of assistance, please do not hesitate to call me. Sincerely, JOHN L. HEATON, ESQUIRE JLH/pl Enclosure cc: Mr. and Mrs. Robert Mustin (w/o enclosure) SERVICE ACCEPTED: (1)~te) December 5, 2001 Les Moyer, Constable P.O. Box I00 Shermansdale, PA 17090 RE: ARROW CONSTRUCT/ON v. ROBERT AND MARGARET MUSTIN No. 01-6242 (C.P. Cumberland County) Dear Mr. Moyer: Confirming our conversation of December 5, 2001, I wish to retain you to serve the Notice Of Appeal From District Justice Judgment on Plaintiff/Appellee, Arrow Construction, e/o James A. "Moose" Bogss, 315 Dark Hollow Road, Shermanstown, PA, 17090, telephone 717/5824970. The document that needs to be served is the pink copy containing the Notice Of Appeal, Praeeipe and Rule. One photocopy of this document is enclosed for your convenience. Also enclosed is my attorney cheek number 435 in the amount of $25.00, to cover the fiat rate fee you quoted me for service. Please forward your return on service and receipt to me as soon as possible. If you have any questions, please give me a call. Sincerely, WEISS, WEISS & WEISS JOHN L. HEATON, ESQUIRE Enclosures CC: Robert and Margaret Mustin (w/o enos.) Leslie E. Moyer Pennsylvania State Constable P.O, Box 100 Sherman$ Dale, PA 17090-0100 Telephone 717-582-7338 Fax 717-582-7549 E-Mail: les@amorafech,com December 6, 2001 John L Heaton, Esq. Weiss, Weiss, & Weiss P O Box 838 Lebanon PA 17042 Ref: Cumb Co 01-6242, Arrow Const vs Mustin Mr. Heaton, This is to certify that Mr. James 'Moose' Boggs was served with the pink copy of the Notice of Appeal as requested. I personally served Mr. Boggs at 7:35pm, on this date, at his residence as listed on the documents. I appreciate the opportunity to be of service. Sincerely, Leslie E M,~ November 1,2001 WEISS, WEISS & WEISS (1946-1988) Arrow Construction ATTN: James A. Boggs 315 Dark Hollow Road Shermans Dale, PA 17090 CERTIFIED MAlL CERTIFIED NO. 7000 1530 0003 9982 1813 RETURN RECEIPT REQUESTED RE: ARROW CONSTRUCTION v. ROBERT MUSTIN, et al. No. 01-6242 (C.P. Cumberland Co.) Dear Mr. Boggs: Enclosed herewith please find the Appellee copy of the Notice of Appeal which was filed on October 31, 2001 in Cumberland County Court, along with the Rule To File Complaint entered by the Prothonotary on October 3 t, 2001, directing you to file a Complaint. By copy of this letter I am also serving the District Justice copy of the Notice Of Appeal on Judge Manlove. If you have any questions, contact your attorney. Sincerely, · IIEATON, ESQUIRE Enclosure CC: Honorable Robert J. Manlove (first class mail) Robert and Margaret Musfin (first class mail) PROOF OF SERVICE (This proof of service MUST BE FII AND RULE TO F.ILE COMPLAINT ~OMMONWEALTH OF PENNSYLVANIA ~OUNTY OF_ ~ &FFIDAVIT: hereby swear or affl~mthat ,~:' copy of the No~ce of /~,,~*~ :i ;.~, .01.~._~.4~~ up~ t,~e D,st~[c[ Justice designated thereto on ,d~te of~erw'ce)~oV~e~ I '- X~2001 ,~, ~,~o, a~ ....... ~ by (c~r~ mail.sender's - A~ro,¢ Con~rQcti~ - - . ~ove~ber SWORN (AFFIRMED}. AND SUBSCRIBED BEFORE FHIS~ :~-s-t-- DAY OF~ ..... S~gnat~% ~'~Tfic~l b~ore who~ff~a~it was maae , .. I ~~~ I Title ofofflcial My commission expires on ............ 19 ARROW CONSTRUCTION, Plaimiff VS. ROBERT MUSTIN, ET AL., Defendants IN THE COURT OF COMMON PLEAS ~ COUNTY, PENNSYLVANIA NO. 01-6242 CIVIL TERM PRAECIPE TO ENTER JUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly enter Judgment of Non Pros in favor of Defendants, Robert Mustin, et al., and against Plaintiff, Arrow Construction, in the above matter for failure to file a complaint pursuant to PaR. C.P. 1037(a). The Defendants hereby certify, pursuant to Pa.R.C.P. 237, that on January 4, 2002, they sent to Plaintiff's attorney of record a Notice Of Praecipe To Enter Judgment Of Non Pros, a copy of which is attached hereto and marked Exhibit "A" hereof. JOHI~ HEATON, ESQUIRE Att~y for Defendants I.D. 16054 Weiss, Weiss & Weiss 802 Walnut Street Lebanon, PA 17042 Telephone: 717/273-1661 JUDGMENT AND NOW, this ~,~ff~. day of Sanuary, 2002, Judgment Of Non Pros in favor of Defendants and against Plaintiff is hereby entered. Curtis R. Long, Prothonotary (~ CC: Charles F. Chenot, III, Esquire Robert and Margaret Mustin ARROW CONSTRUCTION, Plaintiff VS. ROBERT MUSTIN, ET AL., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6242 CIVIL TERM _NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS To: Arrow Construction, Plaintiff, and its attorney, Charles F. Chenot, III, Esquire Date of Notice: January 4, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 'FO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGIIT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOUI_D TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 or 800-990-9108 JOHN L. HEATON, ESQUIRE WEISS, WEISS & WEISS 1~02 Walnut Street P. O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 I.D. #16054 Attorneys for Defendants ,CERTIFICATE OF SERVIC~ I, John L. Heaton, Esquire, hereby certify that a true and correct copy of the foregoing Notice of Praeeipe to Enter Judgment of Non Pros was mailed by Regular United States First Class Mail, Postage Prepaid, on the 4th day of January, 2002, to: Charles F. Chenot, I/I, Esquire 217 S. Carlisle Street P. O. Box 250 New Bloomfield, PA 17068 ~O~L. HEATON, ESQUIRE ~ISS, WEISS & WEISS ~)2 Walnut Street P. O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 I.D. #16054 Attorneys for Defendants