Loading...
HomeMy WebLinkAbout07-6911IN Ur MtNN,TLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT t I COMMON PLEAS No. bpi - 4 9 L/ f r,i NOTICE OF APPEAL r&" 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 referenced below. NAME OF APPELLANT Gary D. Martin and MAG•DIST.NO. NAME OF D.J. ;pvctnnp paving Gprvinps_ TNc_ 109-3-04 Thomas A. Placey 587 Hammer Creek Road Lititz PA 17543 DATE OF JUDGMENT t IN THE CASE OF (Plain d) Gary D. Martin ( W 11-1-07 I rr_-__..___ „___: __ _T,M_ Marlin Stone DOCKET No. LLANT OR A ORNE 57- CV-0000328-07 N??molo c$, Esquire ID#73573 This block will be signed ONLY when this notation is required under Pa. If appellant was' Claimant Tee Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE !FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. S*-t- of Rod-wary - D*PWy 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Marlin Stone appeilee(s), to file a complaint in this appeal Name of appell"(s) (Common Pleas No. a?r 1A2 411 0-1 U ) within twenty (20) days after service of rule ors er en ju gmen f non ros. cholas Ermo vqu1re eyaa RULE: To Marlin Stone , appellee(s) ID# 73573 Name of apWee(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. Date: A)00 11.E , 20 6 ^J X 2d".44 or Depedy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED IMTHIN 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 , upon the District Justice 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 ofaffiant Signature of official before whom affidavit was made Tide of official My commission expires on 20 N '`t OD I' n _ l ;;Z(pr ) Q COMMONWEALTH OF PENNSYLVANIA olii-nl InITv nF• CDlLBERT_,? Mag. Dist. No.: 09-3--04 MDJ Name: Hon. THOMAS A. FLACEY Address: 104 S SPORTING BILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17 050 ATTORNEY DEF PRIVATE NICHOLAS ERMOLOVICH 2 NORTH STATE STREET EPHRATA, PA 17522-2412 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rSTONE, MARLIN 24 N. SIDDONSBUR.G ROAD DILLSBURG, PA 17019 L J VS. DEFENDANT: NAME and ADDRESS rMARTIN, GARY D. 587 MAMRRCREER ROAD KEYSTONE PAVING SERVICES LLITITZ, PA 17543 J Docket No.: CV-0000328-07 Date Filed: 5/29/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 11/01/07 T Judgment was entered for: (Name) STONE, MARLIN ® Judgment was entered against: (Name) MARTIN, GARY D in the amount of $ 219.0 r 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 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 160.00 $_59.00 .00 $ :60 $ 219.00 S S 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 JUDGMENTITRANSCRIPT 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. 0 7 Date I certify that this is a true Magisterial, District Judge ngs containing the judgment. of Aj'i tir +.. Date i Magisterial, District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 DATE PRINTED: 11/01/07 2:06:00 PM nj a (Domestic Mail Only; No Insurance Coverage Provided) %.0116.111 1 1 11 1L.J9 1*1F-% (Domestic Only; No 1L.1Pj I I Insurance Coverage Provided) S For • Information r si t w t C3 M . I1E NANICSBAG IAA 11050 ww.usps.como e a M m or delivery information visi DILLNUK FA 17119 our website at wwwuspsxom,?, M _ 1:0 Postage $ $0.41 0522 rru $0 41 0522 p ro Postage $ . M Certified Fee $2.65 04 Certified Fee $2.65 04 C3 C3 Return Receipt Fee (Endorsement Required) $2.15 Postmark Here M O Return Receipt Fee 15 $2 Postmark Here C3 O (Endorsement Required) . C 3 Restricted Delivery Fee (Endorsement Required) $0.00 C3 E do ee M I q e 00 $0 - I' O ( n Re ui e . = ,q Total Postage & Fees $ $5.21 11/21/2007 a- -I- Total Postage & Fees $ $5.21 11/21/2007 156-n rq AL)__ Sent T. Street, Apt. NO.; PO Box No.1 -- ----- ----- . -- - ----- - - - C p .... S`freet, Apt or PO Box ° ---- - rty Smate - -:. -- - -- -•-- -- ---°- - -° - -- City, state, ZI PROOF OF SERVICE (WNOT)CE OF APPEAL AMD RULE TO FXE Ct LANT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS A FTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lancaster ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served a a copy of the Notice of Appeal, Common Pleas 07-6911, upon the District Justice designated therein on (date of service) 11-21 , 20 07 , ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Marlin Stone , on 11-21 20 07 ? by personal service Qj by (certified) (registered) mail, sender's receipt attached hereto. ignature o erore avit w de Title of omciai My commission expires on %JU? 020, 20_. F TH OF PENNYLVANIA Naft saw 8d>?r, Nofry Pubk Epp &M, lar Corr *ftn ,fit =0 (SWOR AFFIRMED) AN JBSCR ED BEFOR M THIS DAY OF purm I 20 r) 1-7 Nichola r vich. E"ftyirMont ID# 735 d Qj N z mop a w w COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 61 - 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 referenced below. nary .v. Martin ana uxs1.Nv. NAM OF D.J. eystone Paving Services{ INN 09-3-04 Thomas Placey 587 Hammer Creek Road DATE OF JUDGMENT IN THE 11-1-07 CV-0000328-07 Lititz Cary D. Martin 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 District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. St-0- of Arolbmidwy a DApw PA ,NNicholas If apWant wwi "Marlin Stone i1aM 04ec e 1, Egquire Pa. R.C.P.D.J. No. before a District Justice, A COMPLAINT MUST BE FILED (20) days after Ning the NOTICE of APPEAL. 17 773 PRAECIPE.T.O 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Marlin Stone appellee(s), to file a complaint in this appeal Nanw Of 8AA#M(s) (Common Pleas No. ? ? ?. 9 it A tJ l'? ) within twenty (20) days after service of rule or wftre Iu meat f non ros. cJholas Errnol v ift; "tVMIG "° crag" RULE: To Marlin Stone , appellee(s) ID##73573 Nerve of appellees) (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 mad. (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. Date: A)O(.? ly .2067 I t SoWm of ProaAonoMiY or Dsp* YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY lfflY wwwV Tw ?!-!.!-M ll f? A\.I1lr. .r? AAA w AwM. Tw ww wwroaww w?. w.wMw.wi? .. rw....w.. ... - ` i 07 - (oil/ ro© °P Service ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: -j h m&% A rlaNY, MbJ met ni ur?,PA 170 A. Slanatups 0 went X W 0 Addre B. Received by (Prf Name) C.-brite of Deli D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. S5vice Type Certtfied Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7007 1490 0003 0823 3412 (riansfer from service fabso pS Form 3811, February 2004 Domestic Return Receipt 10259"2-*1540 0 c?o l 1 ro? M n - .. ... ..».? .. rt ? O Q O ,, c N r t N p O ? 1' C ^l ? _f " f„? i i r W? W. ta+ 4- 14 ^J Ull ? F? t? Cu a) Z 0 H • X H -- F+ m d - ?f -- 0 C M 'J 2 m µ A MCC at o r z;o 10 mOz -473-i m OHO 3 µ ._„_ 1F ? m N J xl?Z d X X 0 ? 0 (} I 'ry 0 1-6 O c C c: CD (c) cf) O ? O- DQ (D ?O J O C (Q O Q M •d m 1 _j .-? M -?? CI -i ..O C7 M == M M w O 103 - ru w W - CI Ln 8c G o i o q? N Ii(f o i I. o 0 o R7 ?. d N ? w 2 W W N O A C3 o S 3 o .? m -0 a a ? LL C R LL LL X C Lr s 0 • ?' m c,j llb "dam -A LI w X13 vnW ?3 c? ? G- a O - ? a 4 (.r)3c.R 6, , 14A- (7,0)? V.s ,4R,' -i -,MAsrltj ? keys-wv l 1JVrA1 G YfVVr ces -mac. 5F7 ?rxS1?G? r?4AD ? / -fl'f2 , P64 ? 7SY 3 (? ( l QN -?t ?'??a Ably jj ?Zpd Zy 77.;,) Ne, rLtY?it1E ?dldsnl6' c5?7QV<a?s ?I?. ? S?Z 0? ?? l Q• Q D ?lZ? 1p ?, S??a?`i?c ?u k' ? #tL"Offw-'csl?-ac? 0-04 f,705-0. C?LZ?CX.v..J jf??, J J ?-Dd 9 >r f"*yr+?.. N cn Q gal