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.