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HomeMy WebLinkAbout04-0013COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FROM CUMBERLAND COUNTY DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT COMMON PLEAS No. ®L/ ?. /?' ?Vtr' IGPM 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. Amy and Alan Gobat 09-3-OL ADDRESS OF APPELLANT CITY STATE ZIP CODE 292 Liberty Driv Shippanshurq PA 17527 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 12/01/03 Amy and Alan Gobat vs. Brandie and Clayton Bonawitz CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR 0000166-03 LT YEAR / J p/?,.?.?, This block will be signed ONLY when this notation is required under PA. If appellant was "C??'la„i?m"'antt (see PA R.C.P.J.P. R.C.P.J.P. No. i008B. 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. SgnaNre of YroMonotary or LWuly 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. NOTICE OF APPEAL PRAECIPE: To Prothonotary Enter rule upon Name of appelloe(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To , appellee(s) Name 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 mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , Year White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Signature of Prothonotary or Deputy Proth. - 76 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year ? by personal service []by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name. , on year _ , [] by personal service Q by (certified) (registered) mail, sender's receipt attached hereto. F1 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 , year E] by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Sgmfure of official befwe whom affdavft WM made f nre or omcaf My commission expires on , year Cr ? 0 S NJ d Sgnamre of A/lianf 'T7 r 77 C- G.. t tV 0? 0 l W Jrri COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.. 09-3-01 DJName. Hon. HAROLD E. BENDER A101e55 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA Telephone (717) 532-7676 17257-0361 I ATTORNEY FOR PLAINTIFF : MICHAEL J. O'CONNOR 218 PINE ST P.O. BOX 886 HARRISBURG, PA 17108-0886 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS I-GOBAT, ANY & ALAN 292 LIBERTY DR SHIPPENSBURG, PA 17257 L J VS. DEFENDANT: NAME and ADDRESS rBONAWITZ, BRANDIE, ET AL. 1466 WOODS RD LOT 35 SHIPPENSBURG, PA 17257 L J DocketNo.: CV-0000166-03 Date Filed: 6/17/03 FOR PT,ATNTIFF 0 Judgment was entered for: (Name) rnT-tAT, AMY Z AT.AX 0 Judgment was entered against: (Name) BONAWTTZ, RRANnTR in the amount of $ 2,40A i a on: (Date of Judgment) Defendants are jointly and severally liable. El Damages will be assessed on: F] 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 $ (Date & Time) T2/ni/n3 Amount of Judgment $ 2,300.00 Judgment Costs $ 108.10 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,408.10 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 FUL!, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. IAA/ f 60 Date A L'4/ 'ie iid District Justice I certify that this is a true and correct copy of theerrecord 'of roceedings containing the judgment. Date District Justice My commission expires first Monday of January, 2006 . SEAL AOPC 315-03 DATE PRINTED: 12/01/03 2:53:22 PM ,-y y;n u c? ? = - Tt `n ; i p _-7p -? C7 ?a - ? - ? N ? o C-t (? _ P r Il -7` C T nz? Fri L -72 i_ .r O m N -< 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTYOF 60MBERLAND ,ss 04 _ 1$ Civil Term AFFIDAVIT: I hereby swear or affirm that I served ® a copy of the Notice of Appeal, Common Pleas No. 04 - 13 , upon the District Justice designated therein on (date of service) 01-06 , year 2004 bypgrsori servic y /certified) /r9 istered snail Send is receipt attached hereto, and upon the appellee, (name ???t-eq `l ayton aW1tZ trigroUri tClelr 01/09 on year 2004 by personal service by (certified) (registered) mail, sender's receipt attached hereto. 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 mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME DAY OF LLLL , YEAR 9"Qq. signawre of o/fcie/before whom aHtO r wea mrMe Yf.:t , .C' C ?- Tft of official My commission expires on, year -A-?V•/) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia L. Eismann, Notary Public Cityof H"sburg, Dauphin County MY Commission Expires Nov. 8, 2007 year , [:] by personal service E]by (certified) (registered) SWwwro ofA/Rant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. V M 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO. OR NAME OF DA Amy and Alan Gobat 09-3-01 ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) 17927 (DEFENDANT) 12/01/03 Amy and Alan Gobat vs. Brandie and Clayton Bonawitz CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR 60)0166 aa-' LT YEAR v This block will be signed ONLY when this notation is required under PA. It appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the Dili ipI JustiF? will operate as nt ?oF Yoes?s Irtlh' ase. A SUPERSEDEAS to the J No. 1001(6)) in action before di 'ct Justice, he No r . -,- f MUST FILE A 6?1[PLAINa n twenty (20) _ days after filing his NOTICE of APPEAL. gns ure o ro rya u PRAECIPKTO ENTER RULE TO FILE 9M ?? LAINT AND RULE FJW tice Di t i t J f b . (71Iis3sbctior(6tNplm'M69 ussdl?'10.? sHapp?leht(w;Lq®EF,BNl 1bQ9ae . s r c us e ore Ion C.P.J.P. No. 1001(7) in a IF NOT USED, detach fro"py o"D3tM°I41Ji! MI tg4pjgerved uPJir'RR3 9 s t ? p f 0 ? r,oo? PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name o/ appellee(5J (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. signature of appellant or his attorney or agent , RULE: To appellee(s) t Name or appenee(s) ?, .?. i• II. (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 certifhsd or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NOOROS Wli_ BE ENTI?RED AGAINST YOU UP(* PRAECIPE. (3) Thelalte of service of this rule if service was by mail is the dale of the mailing. Date: Year Signature of Prothonotary or Deputy White =`- xPWhooptaiy Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Proth. - 76 Gold - D. J. Copy ¦ 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: lkok\ Cyr=?.'?? e 4 rT A. C*R C Sre \ / D. la delivery address different fro If YES, enter delivery address ? No S? , I 3. Service Type Xertifled Mail 13 E xpress Mail * ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Exfre Fee) 2. Article Number (Tianster from service labep 1)0oo O_Zo n 0013 `?o x933 PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1d24 ALAN GOBAT and AMY GOBAT, Plaintiffs v. CLAYTON BONAWITZ and BRANDIE BONAWITZ Defendants IN THE COURT OF COMMO CUMBERLAND COUNTY, Pl NO. 04-0013 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END Please mark the above-referenced case settled, discontinued and ended, with prejudice. Respectfully submitted, Michael J. O'Connor, Esquire Attorney ID No. 76127 KILLIAN & GEPHART, LLP 218 Pine Street PO Box 886 Harrisburg, PA 17108 (717) 232-1851 Dated: September 26, 2007 Counsel for the Alan and Amy Goba.t N ' _- F'