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Home My WebLink About07-6714f ._% Commonwealth of Pennsylvania Court of Common Pleas Judicial District NOTICE OF APPEAL FROM 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 on the Date and in the case mentioned below. Name of Appellant Mn t. No. or Name of D.J. Brian Etzweiler dba Etzweiler Excavacating 0?3-3-04 Address of Appellant 166 Sunnvside Road Date of Judgment 10/4/07 Claim No. CV-0000562-07 TA 19 city Newmanstown State P Grott 't'ractor & Equipment The Case Of (Pla'ntffi Inc. A Zip Code 17073 Brian Etzweiler dba (D'fe"d"'ktzweiler Excavating Signature of Appellant or His Attorney This block will be signed ONLY when this notation is required under Pa. ` U R.C.P.J.P. No. 1008B. If appellant was Claimant (see Pa.R.C.P.J.P. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the Judgment for possession in this case. 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 the form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.J.P. No. 1001(7) in the action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Groff Tractor & Equipment, Inc. , appellee(s) to file a complaint in this appeal Name o Appellee(S) (Common Pleas No. D7- 7/?f ( ?„f) within twenty (2) days after service of ru,Wor suJfeLjjntry of ? idgment of non pros. j? ?ign&Gre of Aoell' or His Attorney or Agent J k. Metzger, Attor or Appellant . , apeo'llee(s) RULE: To Groff Trac r E ;iRment. Inc ame o ppe ee s (1) 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 is service was by mail is the date of mailing. Date: 'ADIJ . , 20 0') 2ee e- Signature o P h otary or Deputy Court File / Court Proof of Service / Appellant's Copy / Appellee's Copy / District Justice r•a (? ?ib 'Icy v C? v_ \ r- - i COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.. 09-3-04 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rGROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIRG MECHANICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS rBRIAN ETZWZ31LZR DBA ETZIPEILER EZCAVV 166 SUNNrSIDE ROAD DBA ETZMEILER EXCAVATING ?NENMANSTOWN, PA 17073 J Docket No.: CV-4,0#8562-07 Date Filed: 8/21/07 MDJName: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone. (717 761-8230 17050 BRIAN ETZWZILER DBA ETZNZILER EXCAV 166 SUNNYSIDE ROAD DBA ETZWZILER EXCAVATING NEMQRSTOWN, PA 17073 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDG11CE T PLTF ® Judgment was entered for: ® Judgment was entered against: (Name) BRIAN ETZNEILER DBA ETENZILER EXCAV in the amount of $ 8,123.5) Defendants are jointly and severally liable. Damages will be assessed on Date & Time This rase dismissed without prejudice. Amou,t of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portior of Judgment for physical damages arising out of resider:tial lease $- Amount of Judgment $ 8,000.00 Judgment Costs $_ 121-.50 Interest on Judgment $ - 00 Attorney Fees $ .0`0 Total $ 8,123.50 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO..ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PRQCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. . 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. t ?f=? Date I certify that this is a true Date My commission expires first Monday of January, 2010 (Date of Judgment) 10/04/07 (Name) GROFF TRACTOR & EQUI, PMEIiT, I Magisterial District Judge ings containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 10/04/07 10:26:00 AM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This Proof of Service MUST BE FILED WITHIN TEN (90) DAYS AFTER filing the Notice of appeal. Check applicable boxes) Commonwealth of Pennsylvania County of Lancaster. ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. 07-6714 upon District Justice designnated therein on (date of service) November 12 20 07 [ by personal service 1? by certified/registered mail, sender's receipt attached hereto, and upon the appellee, (name) Groff Tractor & Equipment, Ingyn November 12, , 2007 n by personal service KI by certified/registered mail, sender's receipt attached hereto. i] 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 November 12 , 20 07 ? by personal service k] by certified/registered mail, sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 12th DAY OF November 2007 lei? a, /311/1, Sidna ure of ffic al efo o idavit was made Title of Official My Commission Expires on 20 v COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL L PATTI A. HAGEN, NOTARY PUBLIC CITY OF LANCASTER, LANCASTER COUNTY MY COMMISSION EXPIRES JULY 18 2009 .. .^? AJl - .. , a a^ m^ tp Il? IL? m 2Q m m a ¢W ?w o E000 OST2 HOD OST2 m m ? O^ m^ LL 1L I?I n°_ aO ?S c 0E U 3? mm d S.LS EODD DST2 SLLS HOD OST2 hTOT 900E hTOT 90U, 2620 SLLS 900E 7620 SLLS 900. :row IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW GROFF TRACTOR & EQUIPMENT, INC. Plaintiff V. BRIAN ETZWEILER, d/b/a ETZWEILER EXCAVATING Defendant No. 07-6714 PRAECIPE TO STRIKE APPEAL PURSUANT TO Pa.R.C.P.M.D.J. No. 1006 TO THE PROTHONOTARY: Please strike the appeal of Groff Tractor & Equipment, Inc. in the above-captioned case for failure to comply with Pa.R.C.P.M.D.J. No. 1005(B). Date: February 5, 2008 To the Prothonotary: Curtis R. Long MAY, METZGER AND ZIMMERMAN, LLP N W. METZGEF D. No. 26800 49 North Duke Street Lancaster, PA 17602 (717) 299-1181 Appeal _l-iric:lcen in uccondQ.res uy4k above Pro eeipe t? ? d ? ?? caa -n ? ?? ? ? ?? : .7_ ? t_. v ?` Lp °? .r ,?~