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HomeMy WebLinkAbout04-0248COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appelrant has filed in the above Coud of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced beJow. NAME OF APPELLANT ~~'~,G DIST. NO. 141 FI ~OUS~" IDC/ - I ~o! ADORESS OF APPELLANT CITY STATE This block will be signed ONLY when this notation is required under Pa. R.G.P.D.J. No. 1008B. This Notice of Appeal, when received by the Oistdct Justice, will operate as a SUPERSEDES to the judgment for possession in this case. 17o t If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Filing the NOTICE of APPEAL. PRAEClPE 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 {~ ~3rA/'/VI~" ~.. '~:,21,j~,~ 5 I~... appellee(s), to file a complaint in this appeal (Common Pleas No. (~/../--,~/.~ p (-'1 ~'~' I~(~ ) within twenty (20) days after service of rule or suffer entry of)~dgment of non pros. RULE: To ~"/~/~Jj/~t ~, ~Jl~J~/~(~ 5/~, ,appellee(s) Name of appeflee($) Signature of appellant or attorney or agent ('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) ~f y~u d~ n~t fl~e a c~mplaint within this time~ a JUDGMENT ~F N~N PRO~ MAY BE ENTERED AGAiNST YOU~ The date of service of this rule if service was by mail is the date of the mailing. Date: J / ~.--O , 20 O/~ ~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (~l proO! 0 ,sa;v, ic~ M!JS! BE F-ILE!;- WITHIN 7E~ 1 lq) DA Y5 AFT'Et~ f;lirlg of~ ~he r?otice of ~ppe~! C~lec~ applc~b/e COMMOP-IWEAi FIt OF PENNSYLVAf,iiA COtlt'qTY OF ; ss AFF~DA~¢~T he/eby (swear) (aifil 1!} that l served a copy of ti~e Nc~tice of Appea, Conlmon Pleas No pon the Di,~,nc Jusbce des ghated bee n on (daieofse~'ice') 20 ~] by personal service _i by(cemfled ceg~st~*red ~,a, sea;de's reoeipt attact~ed hereto, ~nd upon ~he appellee name) , 20 [_-~ Dy personal sevce ~-_~ by (certified) (regisleredima(I, s rder'sreceiptctachedheeo (SWORN) (AFFIRMED) AND SUBSCRIBE[3 BEFORE ME THIS DAY OF 20 AOPC 312A - 02 ,2O 2,' COMMONWEALTH OF PENNSYLVANIA .. ,. COUNTY OF: ~UMBERLAND Mag Dist No.: 09-1-01 DJ N~rne; Hon. CHARLES A. CLEMENT, ^Odress: 400 B~RIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW t;U."~BERLAND, PA r;i;i~o,~: (717~i 774'25989 . ~'17070 BENNIH R. JOHNSON SE 530 1/2 E FULTON ST LANCASTER, PA 17602 CIVIL CASE PLAINTIFF: NAME and ADDRESS ~JOHNSON SR, BENNIE R 530 1{2 E FULTON ST LANCASTER, PA 17602 VS. DEFENDANT: NAME and ADDRESS RI FI HOUSE 3300 SIMPSON FERRY CAMP HILL, PA 17011 L NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CV- 0000556- 03 Date Filed: 10/24/03 T~S IS TO NOTIFY YOU THAT: [~ Judgment was entered for: (Name) .TOR'~7.qC)I,G' R'R, R'Rfl~'TR 'g []Judgment was entered against: (Name) RT PT R'O~ in the amount of $ ~40. Do on: I~ Defendants are jointly and severally liable. ] Damages will be assessed on: [~-~ 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 of Judgment) 1 ~./1 '7/03 (Date & Time) Amount of Judgment $ 870 o O0 Judgment Costs $ 70. O0 Interest on Judgment $ o O0 Attorney Fees $ . O0 Total $ 940. O0 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 JUDGMENTFrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT J[JSTICE$, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEASi 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 PAY~ iN FULL, SETTLESi OR OTHERWISE COMPLIES WITH THE JUDGMENT. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2008 . AOPC 315-03 DATE PRINTED: 12/17/03 3: 21: 33 PM SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT AFFIDAVIT: (SWORN) (~,FF'IRMED) AN[ THIS ~ DAY OF hereby (swear) (affirm) that i served a copy of the Notice of Appeal. Common p oas No I~/~"'Z'~ ,~upon the District Justice designated therein on (date of ,~e~v ce) '/~ ,20~. E~ byPe~ona, service ~y(cer[ied)(registered)mai,, sender's reofiipt at[ached hereto, and upon the appellee, ¢6'me) ~ &, ~ ~, on sender's rece pt attached hereto ED BEF ME _~ S~nature of affla~l NOTARIAL SEAL CLAUDIA^, BREWBAKER NOTARYPUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 AOPC 312A - 02 /PENNSYLVANIA [~al District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS~ 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. MAG. DIST. NO. NAME OF D.5. ~ b[oc~ will ~e signe~ ONlY w~en t~is notation is require~ under Pa. tf appellan; was Claimant (see Pa. R.C.P.D.J. No. ~001(6) in action ~.C.P.D~. No. 1008B. This NotJc~ of Appeal when ;~eived ~y t~e Dis~i~ Justice. wi, operate as a befo~ ~ DJst~ct Justice, A COMP~INT MUST BE FILED wJ;~Jfl SUpERsEDEAS to the jud0ment for possession in this case. (20) days a~er filing the NOTICE of APPEAL. pRAEClPE 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. pRAEClPE: To Prothonotary Enter rule upon ~ ~., '"~t.~cJ~..~(~-. U" appellee(s)'ttafileac°mplaintinthisappeal Name of appefle~(s) ", ,~ 'r~ ~ ~ . ...... ~ ~ * ~ [~ ) within twenty (20) days after se~~dgment of non pros. (Common Pleas No. ~ ~) ....... ,. mn~ days after the date of se~ice ~:'? . ~'~- -,~r~A n~on Vou to file a complaint in this appeal Within 1 You are ~ that a rue~shec~'~ .... ~ -. - ., of ~S ~ute upon,~J~ona' se ~'c* 0~'~ :~,~ified °r reg'stereO mall' (2) If you~ ~le a ~mpl~ w~thln-~, a jUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU (3~ The d~e ~ sewi~ ~' t~ ~f'se~i~'~as by mail is the date °f the mail'ng' YOU MUST INCLUDE'~G~Y O~THE NOTICE OF jUDGMENT~NSCRIPT FORM WITH THIS N~TICE OF ~PEAL, AOPC 312-02 COUI~T FILE Bennie R. Johnson Sr. 530 1/2 E. Fulton St. Lancaster, PA 17602 (717) 392-7267 Jan. 31, 2004 Bennie R. Johnson versus Hi-Fi House I purchased an amplifier from Hi-Fi. House on August 27~ 2003. The price as $529.95 cents. I put $229. 95 on my Visa card and paid $300.00 cash. I brought the amplifier home and it did not work so I returned it to the store. They credited the $229. 95 to my Visa card and told me they would send me a check for the $300.00 1 had paid cash because they didn't keep that much cash in the store. The cashier Jenbro told me I would get the check in 4 -6 weeks. The check never came. I made numerous calls to the store, and still no check. I took them court and 2 days before the court date they sent a check for $300.00 certified mail, however they didn't sign the check so it couldn't be cashed and they also didn't show up for the court hearing. The Judge ruled in my favor and said Hi-Fi House must pay me $940.00. $300.00 balance owed from amplifier $330.00 loss wages from work for 10/24/03 and 12,/17/03 $240.00 mileage and gas to and from Harrisburg on 10/24/03 and 12/17/03 $940.00 total Respectfully submitted, Bennie R. Johnson Sr. 02.~5/04 08:~3 FAX 7~77746~8~ D J CLE'4E!';T ~] o02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: cote~[,,~m 09-1-01 ~-~ 400 B~ S~ O~R T~ ~ON~ 'S~T~ 3 ~ ~~, PA r,~.0.,:(71~ ) 774'5989 17070 BENNI~ R. JOHNSON SR 530 1/2 ! ~-~-.TON gT ~C~STE~, PA 17602 THIS IS TO NOTIFY YOU THAT: JudgmBnt: z~r~ Judgment entered for: was NOTICE OF JUDGMENT/TRANSCRiPT CIVIL CASE ~JOHNSON 530 1/2 E F~LTON gT ~TER, PA 17602 ~HI Fl HOUBE ~ HIL~, PA 17011 Docket No.: ~- 0000556 - 03 Date Filed: ._~_]P./~ Judgment was erlered against: (Name) in the amount o1 $ qd, O _ ~10 on: (Date 3! ,Judgment) ~ De!endears are tinily a~d ~everally liable. ~_~ m--, Damages will be assessed on; ~ This dismissed without prejudice. ~ Amount of Judgment Subjecl to Atlachment/42 Pa.C.S. § 8127 $ [] Pc.,tion of Jadgme,~t for physical Oamages ar;sing out of residential (Date & Time], Amount of Judgment $ 870.00] Judgment Costs $ 70.0,0,! Interest on Judgment $_ A~orney Fees $ .00; Pest Judgment Credits I Post Judgment Costs $__ __ ,ease $ Certified Judgment Total $ J OF APPEL WITH THE gROTHONOTARY/CLERK OF THE COURT OF COM~N PLE~, CIVIL DIVI~O~ YOU M~T ~NCLUDE A CORY OF TH~ NO~CE OF JUDGMENT~HAN~CRI~ FORM W~H ~OU R NOTI~ OF APPEA~ EXCE~ AS OTHERWISE P~VIOEO IN THE ~U LES OF CIVIL ~O~DURE FO~ DIS~ICT JU~ICES, IF THE JUDGMENT HOLDER ELEC~ TO ENTER THE JUDGMENT IN THE COUHT ~ COM~N PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OR OTHERW~E COMP~ES WITH THE JUDGMENT. cedily that this is a lrue and correct copy of the record of the proceeding~ ~ntaming the judgment / My commission expires first Monday of January, 2 0 0 8 · AOPC315-O3 DA~IB PRZIFI'RDI 2/05/04 8.-15:12 ~ SEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Jud c a D str ct, County Of 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 Distric~ Justice on the date and in the case referenced below. NAME OF APPELLANT I MAG. DIST NO. ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT I IN THE CASE OF (Pla/nhfl} (Defendant)' DOCKET No. S GNATURE OF APPELLANT OR ATTORNEY OR AGE~ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a Distdcl Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 ~ i ~' "'t ')~_ ~,~,~.-, ,~. ~. , ~ . appellee(s), to file a complaint in this appeal · ~ Name of appellee(s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent (1) You are n~ejd that a J'ule is hereSy~,entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon ~ by'~erb~)nal service, or by b~rtified or registered mail. (2) If you not.file a complaint w~thm~l~ls t~ e, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The d~te Of .;service o~ this r'ale iJ~.sed/ice v;,as by mail is the date of the mailing. 't~ 200 . ~- C , "" ' ' , ~ ,~' ~/,i'' Date: ~). .. ..... - i : ,.-~. " ~ ' Signature of Prothonotary o~D~ppty YOU MUST INCLUDE A,GOPY O~= THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COPY TO B.E SERVED ON APPELLEE COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-01 Charles A. Clement, Jr O!de Towne Commons 400 Bridge St-. Su;te #3 New Cumberland, Pa 17070 ~.,.~.o: (717) 774-5989 CIVIL COMPLAINT AMOUNT FILING COSTS $ POSTAGE $ / SERVICE COSTS S / CONSTAS[.E ED $ / TOTAL DATE PAID / Address: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD .~iO NOTIFY THIS OFFICE IMMEDIATELY AT TH~ ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. !f you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a compiaint form at this office at least five (5) days before the date set for the hearing Plaintiff's ,~ ~.. Attorney: Telephone: ( ) $ / TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for Lc:~*a~_L-~.SF.,-C.~_ together with cost~ upon the following claim {Civil fines muet include citation of the statute or ordinance violated): I, ved~ that the fac~ set fo~h In this compmint are true aha co~ecrto ~st of my knowledge, ~nformafion, and ~lief. This s~tement is mede subject to the penalties of Section 4904 of the C~mes Code (18 PA. C.S. ~ 4904)related to unswom falsification to au~ori~e,. BENNIE R. JOHNSON SR, Plaintiff V. HI FI HOUSE, Defendant : IN THE COURT OF COMMOM PLEAS : CUMBERLND COUNTY, PENNSYLVANIA : 04-248 CIVIL TERM PRAECIPE TO DISMISS SUMMARY-APPEAL To the Prothonotary: Please dismiss the above referenced Summary Appeal based on untimely filing and the Judgment ordered by the District Justice should be reinstated for ,the following reasons: 1. On December 17, 2003, District Justice Charles A. Clement, Jr. entered Judgment for the Plaintiff in the mount of $940.00. n January 20, 2004, HI FI House, Defendant, filed a Notice of Appeal. ...... . _ of~,,,,ealOw~as not filed within the 30 day time frame to Appeal. InIS IN OllC~ FF Based on the above given reasons, Judgment ordered by the District Justice shouldbe  FORD ORR Dated: _, 2004 ~dfor~ squire Attorney I.D. No '~1786 50 East High Street Carlisle, PA 17013 Counsel for Plaintiff cc: Beunie Johnson, Sr.