Loading...
HomeMy WebLinkAbout08-2143r. t. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. OT- c?, i L 3 a yi 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. NAME Texidor Thomas A. Plac 8 Michael S. & Mary D. Heimbuc.h vs. Chris Ray Texidor CV-0000742-07 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. '.D.J. No. 1001(6) in a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. SOW- of tiatl --y -DsP,ry 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 Nichael S. & Marv D. Heimbuch appellee(s), to file a complaint in this appeal ^ '' Name of appepegs) (Common Pleas No. 0 ?'?X 7 3 ?irv . I) within twenty (20) days after se try of judgment of non pros. tephen J . Barcavage rr °f quire er°`aW`t RULE: To Michael S & Mary D. Heimbuch , appellee(s) Name of aA*9# e(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: 3 20 0 8 un of PioMonota 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 WITHIN TEAK (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 of affiant Signature of official before whom affidavit was made Tithe of official My commission expires on 20 65 /L,0-z?? *U v2p ti;660-y?r?/°? ?'y'?v,Q Ir"I'°?J If,t 71 "j; 90 :Z 14d s- 8jv Soul ?H-i JO Vol4f/LVVo VO. 14 11f 10 f Vl(J A- %k COMMONWEALTH OF PENNSYLVANIA rIr,l IAITv .-,C, CUMBRRXJLM NOTICE OF IVDGENET/TRANSCRIPT vvviv I v. . M,p. 13,81, NO 09-3-04 PAW N,?e How THOXAO A. PLACRY 104 0 SPORTING HILL RD MSCHANIC21IX1101 PA T..o? (717) 761-8130 17050 THOMM A. PLkCSY 104 0 SPORTING HILL RD URCHAIIlIICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF - Judgment: PLAINTIFF: NAME .,d r?DQAVS-5 rMCO L S. & MARY D. SEIMBUCH 4161 XITTATI]I M DRIVZ KXCOANIC111BURG, VA 17050 L J VS. OEFENOANT' N" A AVOW rTRZIDOR, C$Ri I OTOPOM RAY. XT AL. 114 WORTH 18TH ST HARRISBURG, PA 17103 L J Docket No.- CV-0000742-07 Date Filed: 10/31/07 (Date of Judgment) 3/04/08 tered for (Name) l[ICHIISL S. A d J NARY D. HSIIa®OCH © gment was en u Judgment was entered against: (Name) T1 XIWR, CHRISTOPRIM RAY in the amount of $ 2,3 36.9 Amount of Judgment $....._1.,r143.4 ' - ? Defendants are jointly and severally liable. Judgment Costs . n $__._. . 11 $ ? ? es will be assessed on Date & Time ma D Interest on Judgment g a Attorney Fees 0 This case dismissed without prejudice. Total $ -2, 336-'-9-- Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $ $ Post Judgment Costs f ... y.A.. u rr..a?r x . ?,w.a El Portion of Judgment for physical damages arising out of I residential lease $ Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILINQ A NA'nf1lf 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, it 146 JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PWIP* ? OUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MA(MATFRIAt. f"TOC T .Ltrim UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUD06111410 MAAY"If} A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT Deerort PAYS 01 PULL- SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, -n? Date I certify that this is a true, ar)dcc;rrect copy of te recurd of the pydceedings containing the Iuf + Date I MtlgisterN4i tlir .tly UAL My commission expires first Monday of January, 2010 AOPG 916.07 nR@Pw OvTMw'llf. Z /DA InR 1 - AQ q nn Vu .? w G ?' 0 ?, ? S ? g rv i ? T 0 `) b s ? ti ,o ? '?? r- -? '? o re ?. ? ?. ?? ?• .r w 0 0 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 4 a copy of the Notice of Appeal, Common Pleas' -?, upon the District Justice designated therein on (date of service) Ajr1 I I 20Dej_, ? by personal service R by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) rY?Wj,. 4 tA&rA on 20? ? by personal service by (certifi (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME _ T IS $? DAY OF 20 Signature of afiant Signature of official before whom affidavit was made Title of of-16 My commission expires on r 1-6 , 20Ja_ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan M. Williams, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 13, 20111 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYL% A COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF D.J. DA O JUDG NT IN THE CASE OF (Plaintiff) (Defendant)' V8 DOCKET No. SIGNATURE OF APPELLANT- ORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa.., 1f~appefl* waif Claimant (see-Pa. R.C.P.D.J. No_ 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or DepAy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No, f ) within twenty (20) days after se vice of n4 or suff$r.entry of judgment of non pros . of ppM" Tr pt .y 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 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: 20 Y signatwe of Prothonotaly or Douty YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS 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 Addre" i1 I A. Si re _ L 4r X 13 Agent 0 Addressee 6. Received by (Pripted Name) C. Date of Delivery K /1_L '- I -i_l/_hq/ D. Is-de-livery address different If YES, enter delivery addrf r Hm ut 4 c 20a8 Mert.ifi M? Express Mail 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7005 1820 0006 3768 1723 (transfer from service label) - PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete A. Si nature item 4 if Restricted Delivery is desired. Agent y ¦ Print your name and address on the reverse Addressee so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, B. Received ( A led Name) ? A ?1 7 C. Date of Delivery or qp the front if space permits. r ' 1. Ar>dWAddressed to: nl X17- Yes D. Is deliveryaddrn s di aa m e If YES enter delive ttadress below: ? No , ? " APR 1 2008 ,., 3 LISPS Certified ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. -PA ) J L 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 1820 0006 3768 1730 (ftnsfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ? ..:" y MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 13238-01291 Attorney for Defendant/Appellant MICHAEL S. HEIMBUCH and MARY D. HEIMBUCH Plaintiffs/Appellees VS. CHRISTOPHER RAY TEXIDOR Defendant/Appellant TO: Michael S. Heimbuch and Mary D. Heimbuch 4161 Kittatinny Drive Mechanicsburg, PA 17050 DATE OF NOTICE: May 6, 2008 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2143 CIVIL ACTION - CIVIL TERM On Appeal From: DJ Thomas A. Placey IMPORTANT NOTICE 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 THE RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone # (800) 990-9108 Respectfully submitted, MARSHALL DENNEHEY WARNER GOGGIN COLEMA 7 By: J. LBBarcavage, Esquire I/ Attorney for Defendants ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: May 6, 2008 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 13238-01291 Attorney for Defendant/Appellant MICHAEL S. HEIMBUCH and COURT OF COMMON PLEAS MARY D. HEIMBUCH CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Appellees No. 08-2143 vs. CIVIL ACTION - CIVIL TERM CHRISTOPHER RAY TEXIDOR On Appeal From: Defendant/Appellant DJ Thomas A. Placey CERTIFICATE OF SERVICE I, Stephen j. Barcavage, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on May 6, 2008, I served a copy of Defendant/Appellant's 10-Day Notice to take Default Judgment via Certified Mail, RRR and First Class United States mail, postage prepaid as follows: Michael S. and Mary D. Heimbuch 4161 Kittatinny Drive Mechanicsburg, PA 17050 Pro Se Plaintiffs n J. Barcavage, Esquire C= ca 'T3 E"JCS ? ? "rt t ', I T T C MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 13238-01291 Attorney for Defendant/Appellant MICHAEL S. HEIMBUCH and COURT OF COMMON PLEAS MARY D. HEIMBUCH CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Appellees No. 08-2143 vs. CHRISTOPHER RAY TEXIDOR Defendant/Appellant CIVIL ACTION - CIVIL TERM On Appeal From: DJ Thomas A. Placey PRAECIPE TO ENTER JUDGMENT OF NON PROS TO THE PROTHONOTARY: Enter Judgment of Non Pros against Plaintiffs Michael S. Heimbuch and Mary D. Heimbuch. I verify that a Complaint has not been filed within twenty (20) days following the service of the Rule in this matter. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered or to his attorney of record, if any, after failure to file a Complaint and at least ten (10) days prior to the date of the filing of this Praecipe. A copy of the notice is attached. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: S F?pV6n J. Barcavage, Esquire ;.Attorney for Defendants ` ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: May 23, 2008 This cle day of Hag. , 2008, Judgment Non Pros is entered in favor of Chri9jopbr r Rrzy `ipxidor and against Mi?.lnd S. Oe njkL 6 ?d by Mary D. Hey rhbuoh default for failure to file a Complaint. 96rt Long Prothono , Cumberl nd County r ? . 3 ? jk ';)- cl 1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID #78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 13238-01291 Attorney for Defendant/Appellant MICHAEL S. HEIMBUCH and MARY D. HEIMBUCH Plaintiffs/Appellees vs. CHRISTOPHER RAY TEXIDOR Defendant/Appellant TO: Michael S. Heimbuch and Mary D. Heimbuch 4161 Kittatinny Drive Mechanicsburg, PA 17050 DATE OF NOTICE: May 6, 2008 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2143 CIVIL ACTION - CIVIL TERM On Appeal From: ° o DJ Thomas A. Placey CXD n f' F -c, ? - i Cn a IMPORTANT NOTICE 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 THE RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone # (800) 990-9108 A ? Respectfully submitted, MARSHALL DENNEHEY WARNER COLEM & GOGGIN By: J. Barcavage, Esquire Z Attorney for Defendants ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: May 6, 2008 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID # 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Our File No. 13238-01291 Attorney for Defendant/Appellant MICHAEL S. HERvIBUCH and COURT OF COMMON PLEAS MARY D. HEIMBUCH CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Appellees No. 08-2143 vs. CIVIL ACTION - CIVIL TERM CHRISTOPHER RAY TEXIDOR On Appeal From: Defendant/Appellant DJ Thomas A. Placey CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on May 23, 2008, I served a copy of Defendant/Appellant's Praecipe to Enter Judgment of Non Pros via Certified Mail, RRR and First Class United States mail, postage prepaid as follows: Michael S. and Mary D. Heimbuch 4161 Kittatinny Drive Mechanicsburg, PA 17050 Pro Se Plaintiffs Step, Barcavage, Esquire CID ? y t