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HomeMy WebLinkAbout08-2063'COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of Cumberland FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O$- AOI[o3 d v Iv 1 T1M NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. THE CASE va CV-10-08 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of prothonotary or Deputy Vivian 15 r b LYA-A *7tgg4 was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Ludwig, Sandra L appellee(s), to file a complaint in this appeal Name of appellse(s) /1 (Common Pleas No. within twenty (20) days after Vi of r or er entry f ' .ent of non pros. _ l _ -1 D A i `J8igna&wW'of lfppellant or attorney or agent RULE: To Ludwi$ Sandra L_ appellees) A1Tav-w191 Name of apps/lee(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: ^ 200S ^r.'1?_..J? ' __- nature of Prothonota or of YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT 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 (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 District Justice designated thef ein a i (date of service) 20 ? by personal service ' El by (certifiecS) (registered) mast, sender's receipt attached hereto, and upon the appellee, (name) „ 20 ? by personal service El 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 sign, 1 Title of official My commission expires on 20 ... ............... AOPC 312A - 02 a 7l ' rf{ r M .? CX - j (D Q C"7 c.n C.r3 ra$ - ao?3 J COMMONWEALTH OF PENNSYLVANIA COUNTY OR CM03 LAND Man. Dist. No.: 09-3-02 MDJ Name: Hon. VIVIAN CONIC11 Address: PO BOX 155 27 K BIG SPRING NZNVILLE, PA Telephone: (717 ) 776-3167 RICHARD A. BARRICK 180 ALTERS RD CARLISLE, PA 17013 COP AVE 17241 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF U 687.0 in the amount of $ NOTICE OFCJIVDGCMASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS --I 1-111M IG, SANDRA L, ET AL " N 12 E WINDING SILL MECHANICSBURG, PA 17 055 40-. `( ?a ??"lli ,cL v8. to ,v U? UQ `1 DEFENDANT: NAME and ADDRESS rNMICS, RICHARD A YU ?? I 160 ALTERS RD CARLISLE, PA 17013 L J Docket No.: CV-0000010-08 Date Filed: 1/16/08 (Date of Judgment) 3/12/08 LMMG, SANDRA L, ET AL- M Jud ment was entered against: (Name) BARRICS, RICHARD A Pq Judgment was entered for: (Name) 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 $ x Date I certify that this is a true and correct copy of Amount of Judgment _808_00 $ 79.0 Judgment Costs $ $ • Interest on Judgment $ ' U Attorney Fees $ 887.00 Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ , Magisterial District Judge record of the proceedings containing the judgment. Date Magisterial District Judge 2012. My commission expires first Monday of January, c 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 JUDGMENTrMNSCRIPT 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. SEAL AOPC 315-07 DATE PRINTED: 3/12/08 2:32:00 PM RICHARD BARRICK, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 08-2063 CIVIL TERM SANDRA L. LUDWIG, Appellee AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 9th day of April, 2008, 1 Paul Bradford Orr, Esquire, attorney for Richard Barrick, Appellant, in the above-captioned action, hereby swear that I have served a true copy of the Notice of Appeal, executed by the Attorney for Appellant in the above-captioned matter, upon the Appellee by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by the Appellee on April 7, 2008, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. Dated: /?Zq /0(5 LA O 1 By: FORD ORR Paul Bradford Orr, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. # 71786 • 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: sa d QiR Lud LU'll ViViLa"S buq ?L 1 X055 A. 7ature X ? Agent ix./? U7 ? Addressee Received by ( ted Name) C. Date of Delivery D. Is delivery Address from Item 1N Yes If YES, enter deliv ddress below: Mo APR - 7 ?M8 3. ce Type 6 ti -A g[r R1?Br+e?ipt'fSIGMwehefldI" ? Insured mail ? C.O.D. 4. Restricted Delivery) O*a Fee) ,®'Yes 2. Article Number 7003 1010 0001 1204 4091 (Transfer from servke label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" (; ' ? ?a `-' r? C `O _.) '? 7 yw, t- at-.., rw=?; .o;J n? _? 7 J` ~ ?,-, RICHARD BARRICK, Appellant V. SANDRA L. LUDWIG, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-2063 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS AND NOW, this 25th of July, 2008, Appellant requests Prothonotary to Enter a Judgment of Non Pros in the above captioned matter. s e Ily bm Paul Bradford Orr, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 ID # 71786 Fri- - , ? .R ? + '?74? r RICHARD BARRICK, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 08-2063 CIVIL TERM SANDRA L. LUDWIG, Appellee AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 25th day of July, 2008, 1 Paul Bradford Orr, Esquire, attorney for Richard Barrick, Appellant, in the above-captioned action, hereby swear that I have served a true copy of the Important Notice Pursuant to Pa.R.C.P No. 237.1(a)(2), executed by the Attorney for Appellant in the above-captioned matter, upon the Appellee by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by the Appellee on July 16, 2008, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. LAW Dated. By: CE F P LB ORD ORR Pjaul Bradford Orr, Esquire Attorney for Appellant 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. # 71786 ¦ 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 retum the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: So?ndc?. Luaw?? IOM A. X by C. Hard ??? wl ? I ?l?? D. Is delivery address different item 1? ? 14e If YES, enter delivery address below: ? w 3. Service Type C t fled Mail ? Express Mall Registered Return Receipt for A ? Insured Mail C.O.D. 4. Restricted Delivery' Pft Fee) [ 2. "wcleNumber 7003 1010 0001 1204 4169 (transfer from seMce iawi PS Form 3811, February 2004 Dornestic Return Recelpt I EXHIBIT "A" C7 _ C -rim r 7 J .... , c COPY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD BARRICK, Appellant VS. FILE NO. 08-2063 SANDRA L. LUDWIG, Appellee TO: SANDRA L. LUDWIG, Appellee DATE OF NOTICE: July 10, 2008 IMPORTANT NOTICE Pursuant to Pa.R.C.P. No. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE APPELLANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SEF A CIATION CUMBERLAND COUNTY " AD 32 S. Bedfo d S es Carlisle, P 17 13 Phone: (717 316 By: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney for Appellant ID # 711786 C> C= (D cc FYI