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HomeMy WebLinkAbout03-5085COM~--.:~LTH OF PENNSYLVANIA COURT OF COMMON PLEAS C~BE?~AND JUDICIAL DISTRICT 09-3-03 NOTICE OF APPEAL F~ DISTRICT JUSTICE JUDGMENT 3- NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Comrno~ Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below John's Mobile Repair Service, Inc. 09-3-03 *sx~ss ~ ~u~n OTY S~^m Zf coee 1511 East Commerce Avenue, Carlisle, PA 17013 8/25/03 John's Mobile Repair Service, Inc. vs Mitchell Construction CV 0000145-03 ~~. ~ LT I Dou~las~. Miller, Esquire This block will be signed ONLY when this notation is required under Pa. R.C.PJP. ~ If appella~ was CLAIMANT (see Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action Defore D/strict Justice, he MUST SUPERSEDEAS to the judgment for possession in ~is case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. S~nature of Prothonotary or Deputy 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.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas Nc~ , appedlee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. S/grm~re of a/:~c~/wtt o~ h~ a/tomey ~* agent RULE~ To , ap~lee(s). irene of appellee(s) (1) You om notified that a rule is hereby entered upon you to file a compJaint in this appeal within twenty (20) days after the date of service of this rule upo. you by pmsonal 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 wa~ by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULEIO FILE COn, PLAiNT COMF,~iON~¥EALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: ~:P,:,, s,,ve~F cF alfiFm: ~ se:~: L~and fu:he~ hat ~ s:-rved he Ruer} Fe aComp~antax:m:snxn~theabove SWOR ,; (AFF:~MEB}/ND SU/bSC/~ }~EL} TiS .,' O: COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist NO: 09-3-03 DJ Name: Hen SUSAN K. DAY Add ..... 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 ATTORNEY FOR PLAINTIFF : DOUG MILLER 60 W. POMFRET ST. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS L-JOHN'S MOBILE REPAIR SERVICE INC 1511 EAST COMMERCE AVE CARLISLE, PA 17013 I J VS. DEFENDANT: NAME and ADDRESS I-MITCHELL CONSTRUCTION -I 15 LILAC DRIVE MECHANICSBT3KG, PA 17055 L Docket No.: CV- 0000145- 03 Date Filed: 5/22/03 THIS IS TO NOTIFY YOU THAT: Judgment: F-~ Judgment was entered for: (Name) F~ Judgment was against: (Name) entered FOR PT,%TNTIFF in the amount of $ I, ':17~1. O0 on: Defendants are jointly and severally Liable. Damages will be assessed on: This case dismissed without prejudice. -=]Amount of Judgment Subject to AttachmenV42 Pa.C.S. § 8127 $ ~-~ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) (Date & Time) Amount of Judgment $ 1,258.00 Judgment Costs $ 115.00 Interest on Judgment $ .00 Attorney Fees $ o 00 Total $ 1,373.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 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. Date J , i.?., ' , I~istrict Justice I certify that this is a true ¢fnd correct copy of the recold of th~ proceedings C~'h.taining the judgmer~½, : "~ ' ~ D Justice Date My commission expires first Monday of January, 2004 . AOPC 315~03 DATE PRINTED: 8/28/03 1:24:23 PM PROOF OF SERVICE OF NOTICE OF APPEAL AN[) RULE TO (This proof of serwbe MUST BE F/L[?, WITHIN TEN flO) DAYS AFX&-R filing the notice ' ~ , , OI .ppeaL. COUNTY OF ~ AFFIDAVIT: I hereby swear or affirm ihat I served ~ a copy of the Nofice.~.,A_Ppe~l, Comrrmn PLeas No ~).~ -~--',~"~, ....... (date cf serv&'e~ , ~ ~ ~ ~-- ~~, upon m? u, strlc Justice desgnatedthere~n on ' '--~-~ ~. , ~ ers~n . .,, , ,,. ~ece,pl cttac~ereto and u~on ~6~eel,ee ~: ~?~ ~a~vm~ ])~e?e{~ (?~stered) mai send~r's ~ ~..%~.,,~, ~,,~ ~urvea ~ne Hu~e ~o ~i~e a uomplain accomnam,in~ the aL .... ~..~ ~ ~. , ~. ..... ~, ~,,au.eu hereto u:e mule was addressed on "¢ v ~..~ ,~uu~ u ,-~ppea~ upon ~r~e appellee(s) to whom mail" ~ , .... : ~ by per on4d servce ~ by (certified) (register?d) senders iece p ;~ttached ~ ere~o. m COMMONWEALTH OF PENNSYLVANIA Uae'~ L'N~, N~ay Pu~c I Member, Pennlytvanm A~ ~x:lM~o~ Of No.ties Postage $ cf, c/,~ DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is gi~ ~t ~ ~bnt ~s find in t~ a~ Court of C~ P~s ~ ~al ~ohn' ~ Mobile Repair Se~ice, Ir~c, ~y. ~x~ z~c~ 1511 Eamt Co~erce Avenue. C.arlisle~ PA 1~013 . CV 0000145-03 ' ~PERSED~S ~ ~ j~nt ~ ~s~s~ in ~s cas~ FILE A COMPLAINT within twenty (20) da~ after filing his NOTICE of A~EAL. PRAECIPE TO ENTER RULE TO FILE ,COMPLAINT AND RULE TO FILE (This section of fee~ to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in act/on before District Justice. IF NOT USED, de.ch frown copy of notice of appeal to be sewed upcn appellee). PRAECIPE: '~o Prothonotary Ente~ rule up<m ,, (Common Pleas , appdlae(s), to file a complaint in this appeal N, sme et appe#ee(s) ) within twenty (20) days aftra se~vlce of rule or suffm entry of judgment of non pros. RULE: ?o ~ ~ ~s~ (1) Yo~ am notified that a rule is hereby entered upon you to file o complaint in this appeal wi~nin twenty (20) days after the date of service of this rule upon you by personal service or by cortified or registered m~iL (2) if you da not file a d~*~plalnt w~thin this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service pf this rule ~f serwce was by mad ~s the date of mad~ng. COURT FILE AOPC 312-90 JOHN'S MOBILE REP INC., VS. MITCHELL CONST]3 TO THE PROTHON( Pursuant to Pa. Mobile Repair Service. October 28, 2003, SERVICE, [aintiff, JCTION, ~efendant. FARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI) NO. 2003-5085 (CIVIL ACTION) CIVIL ACTION - LAW PRAECIPE ?,.C.P.D.J. No. 1006, kindly strike the appeal filed by appellant, John's Inc., for failure to comply with Pa. R.C.P.D.J. 1004A. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 MICI~AEL A. KORA~A PA 1D #58808 AlXomey for Defendant Appeal Stricken in accordance with above Praecipe.