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Home My WebLink About07-6910E I a. COMMONWEALTH OF PENN5YLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. O7 - (p?/d ?j,rX 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAMt Or MuJ Loves Auto Sales 09-2-01 Paula P. Correal ADDRESS OF APPELLANT U i x 1970 Spring Road Carlisle PA 17013 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' Lindsay Landscaping V5 Loves Auto Sales 10/30/2007 I /I No. CV-0000118-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was C (see Pa. R.C.P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature 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.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Lindsay Landscaping appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. O 7 6 ?'/? &ZJ ) within twenty (20) days after service of rule suffer entry of judgment of non pros. Sign ure of appellant or attorney or agent Hu ert X. Gilroy, Esquire RULE: To Lindsay Landscaping appellee(s) Name of appellee(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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. 11,74 110 Jv? J Jo* Date: November 2007 Sna of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 0 C7 w 1j pn '° -rF C:D rn-- Cs1 -13 T om 4 1 y PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) , 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ?by personal service? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Title of official My commission expires on , 20 Signature of affiant AOPC 312A - 05 AP' , rOMMONWEALTH OF PENNSYLVANIA COUNTY OF: CWMERLAND Mag. Dist. No.. 09-2-01 MDJ Name: Hor. PAULA P. CORREAL Address: 2260 SPRING RD SUITE #3 CARLISLE, PA Telephone: (717) 218-5250 17013-0000 ATTORNEY DEF PRIVATE : ATTNY EMERT GILROY 10 E HIGH STREET CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rLINDSAY LANDSCAPING 12093 FORGE HILL ROAD ORRSTOWN, PA 17244 L J VS. DEFENDANT: NAME and ADDRESS r - LOVBS AUTO SALES 1 1970 SPRING ROAD CARLISLE, PA 17013 L J Docket No.: CV-0000118-07 Date Filed: 8/01/07 (Date of Judgment) 10/30/07 ® Judgment was entered for: (Name) LINDSAY LANDSCAPING ® Judgment was entered against: (Name) LOVES AUTO SALES in the amount of S 2,406.00 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 D Portion of Judgment for physical damages arising out of residential lease S_ Amount of Judgment $ 2,280.00 Judgment Costs 126.6-0 Interest on Judgment $ - Attorney Fees $ Total $ 2,406.0 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 PROCESS 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. Date ( i 6 Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 10/31/07 10:22:00 AN Magisterial District Judge SEAL 0 s * Reflects % of invoice 526 Comment: both parties were ill served by not having a written contract which could have protected against this type of situation. Plaintiff walked away from job and defendant was left to try to cover the jobs. Both parties participated in this venture and its demise and therefore I'm awarding only 1/2 to Plaintiff. t I PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No. 07-6910, upon the Magisterial District Judge designated therein on (date of service) November 21, 2007, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Lindsay Landscaping, on November 21, 2007 ?by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS a?l DAYOFVY",200 whom affidavit was made Title of official commissi expires on 20 My Signature of t COMMONWEALTH OF PENNSYLVAN Notarial Seal Shelly Brooks, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug 5, 200a Member. ^^n•.:avF:arr?: A ?':a'i._ ,,;<,? AOPC 312A - 05 ru r'1 m r?- Postage 0 Certified Fee C3 O Return Receipt Fee Q (Endorsement Required) Fee Restricted ? dorsement Required) (En CO M Total Postage & Fees ..O Sent To i' ru m r, rr%- . CD r` Postage $ 10.41 ? Certified Fee ?? a C3 0 Retum Receipt Fee (Endorsement Required) j2 i ? ? Restricted De livery Fee (Endorsement Required) + so. C r . C Q Total Postage & Fees $ S p.? ? f5•?i 'r¢ C3 o r 011 -POV ..lt1 ----------------------------------------- _ 7) S U )t'f '*S or POBaxNo. 2'ZC? ? S P 111116 R ` r ii 4(,f Pit n C-- o C=i M-" N Cam} ,,lJ X3 z -7i M p s y. N CJ '"?