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Home My WebLink About08-2677S COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT 09-3-04 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ?8- a?77 ?j'yi 17P1-rrt 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. ADDRESS OF APPELLANT CITY STATE ZIP CODE c/o Cunningham & Chernicoff, P.C., 2320 North Second Street, Harrisburg, PA 17110 3-27-08 Products Services, CLAIM NO. CV YEAR CV-0000023-08 LT YEAR This block will be signed ONLY when this notation is required under PA) R.C.P.J.P. 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. na ure o r ono ary or epu Mark Garmary i/t/a Earthworks, et al If a4 Ua alma (see PA R.C.P.J.P. No. 1 0 6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.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. PRAECIPE: To Prothonotary Enter rule upon Associated Products Services, Inc. appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. b8? )within twenty (20) days after service u r ment o ros. Tah, ig t e of apps t his att ey or agent RULE: To Associated Products Services, Inc., appellee(s) Name of appellee(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 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. ? 1r Date: Y/;?5 8 Year fflcj? ?T? Signatur_e q onot ry or Deputy ?. 1 White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy 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 ? 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 year ? by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature of oftial before whom affidavit was made Title of official My commission expires on , year 0 o"o ul 06 "O v C4 Signature of Afriant N 0 N-1 Lt°1 ?fw J -n rr c. ter' r-n X ` °COMMONWEALTH OF PENNSYLVANIA (C)I INTY nF• CUMBERLAND Mag. Dist. No : 09-3-04 .MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING `HILL RD MECHANICSBURG, PA Telephone: (717) 761-8230 17050 MARK GARMAN I/T/A EARTH WORKS 165 S.SECOND STREET DILLSBURG, PA 17019 THIS IS TO NOTIFY YOU THAT; DEFAULT JUDGMENT-PLTF Judgment: ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 2, 448.1, 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 F] Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs interest on Judgment Attorney Fees Total $ 2,320.59 $ 127.55 $ $ U0 $ 2,448.14 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. ?7 *dW 66 Date , Magisterial District Judge I certify that this is a true a5d correct copy of the record of the pKceedings containing the judgment. 27 M Date Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 DATE PRINTED: 3/27/08 9:11:00 AM v-S - dto 77 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rASSOCIATED PRODUCTS SERVICES, INC. PO BOX 11848 C/O ROBERT D . KODAB: ' SSQ . ' J LHARRI SBURG, PA 17108-1:948 v8. DEFENDANT: NAME and ADDRESS rMARK GARMAN..I/T/A/_ EARTH WORKS, ET7 165 S.SECOND STREET DILLSBURG, PA 17019 L J Docket No.: CV-0000023-08 Date Filed: 1/14/08 (Date of Judgment) 3/27/08 ASSOCIATED PRODUCTS SERVICES, MARK GARMAN I/T/A/ EARTH WORKS . 1 ..: -- K COMMONWEALTH OF PENNSYLVANIA (;C)I INTY C)F- CU11IMERLAND Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r"SOCIATED PRODUCTS SERVICES, INC-7 PO BOX 11848 C/O ROBERT D. KODAK, ESQ. LIIARRISBURG, PA 17108-1848 J VS. DEFENDANT: NAME and ADDRESS rMARK r=sRwsN I/T/A/ EARTH WORKS, ET7 165 S.SECOND STREET DILLSBURG, PA 17019 L J MARK GARMAN 165 S. SECOND ST. Docket No.: CV-0000023-08 DILLSBURG, PA 17019 Date Filed: 1/14/08 THIS IS TO NOTIFY YOU THAT: ? DE$AU=- JUDG VW , _PLrTF . (Date of Judgment) -3 /_2.7 / 08 Judgment: ® Judgment was entered for: (Name) ASSOCIATED PRODUCTS SERVICES, ® Judgment was entered against: (Name) MARK GARMAN 2 448.1 in the amount of $ , Defendants are jointly and severally liable. 0 Damages will be assessed on Date & Time F1 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 $ 2,320.59 $ 127.53 $- .00 $---00 $ 2,448.14 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 FROVIDED IN THE RULES OF CIVILPROCEDURE FOR MAGISTERIAL DISTRICT. JUDGES, IF THE _,11/Q T-HOLDFaRZLEC,XS'-TO €NTERTME.JUDGMENT.IN-THE-COURTT MF COMMOM:PLF-AS,-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. Date Magisterial District Judge I certify that this is a true an cor ceedings containing the judgment. Date Magisterial District, Judge My commission expires first Monday of January, 2010 AOPC 315-07 SEAL 1 `A?it C _V U?7 ao = r.t g 3XP C; c6 m ? ? ccr, 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 Za copy of the Notice of Appeal, Common Pleas No. 00 - afo7 7 -upon the District Justice designated therein on (date of service) A PA& I year 000 by ersonal service ?y (certified)) (r_egiste Id) mail, sender r eipt attached hereto, and upon the appellee, (name ?S?s? >E>'ccd3 Setvres1C 6? W 30 , yearOil"s , ? by personal service [may (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 Apw j , year a00 by personal service ? (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME TH DAY OF 0144 , YEAR102 . i?? Signature o/ of official before whom affldav8 was made of official My commission FWAREXIIH Of PE WANI ?" NOTARIAL SEAL JUUEANNE AMETRANO, Notary Public City of Harrisburg,. Dauphin County My Commission Expires Feb. 22, 2011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERIAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 09-3-04 COMMON PLEAS No. 08- x617 7 a i'vl f Ter t 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. ADDRESS OF APPELLANT CITY STATE ZIP CODE c/o Cunningham & Chernicoff, P.C., 2320 North Second Street, Harrisburg, PA 17110 DATE OF JUDGMENT IN THE CASE OF /PLAINTIFF) (DEFENDANT) 3-27-08 ted Products Services, Inch Mark C"'arra , i/t/a fart tworks, et at CV YEAR CV-000023-08 LT YEAR This block will be signed ONLY when this notation is required under PA.) If af4il im (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. WV-Q This notice of Appeal, when received. by the District Justice, will operate as No. 100 6)) in aci`teh b&tlre i*af$ct Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after riling his NOTICE of APPEAL. 30- of --mraly a PIS _WTO MM RULE TO fLg ?w" I*n to betund OKY, when appellant. was DEF 4T (sea PA R. ' NOT USED, detach from copy of notice of appeal to be served upon appellee. No. 1001`(7) in action before District Justice. Enter rule upon Associated Products Services, inc. appellee(s), to file a complaint in this appeal Name of appelfee(s) (Common Pleas No. X a- 2. r77 ) within twenty (20) days after service of r ment o v prrpros. civil V °am god it e7 ' r t of his at y or agent RULE: To Associated Products Services, Inc., appellee(s) 1017 Name ofappellee(s) PRAECIPE: To Prothonotary (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) It ;yidokh fia.emplaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE: (3),.1--The date of service of thisrtule if service was by mail is the date of the mailing, - .. / Date: t51d it , Year - ? Signature ly or beiquty 4V White - Pnqftnota, Copy Green - Codrf file' py Yellow - Appelant's copy Pink - Appellee Copy Gold - D. J. Copy Froth. 76 EXHIBIT `A' 0 M1 °u RI OFF1 IAL U E C3 Csrw" Fse ft ° (Er Reamd ° C3 (? ft*k*O .A -- - --------- ° ---•.........U ---•--- Owe Inmausimm ar ?o ru IL OFF rU Ln _ C3 C3 CerdW Fes ° R?M (Endorsnt RaquYsd) yj: (6ndoraement egi ; C3 O Total Poetwe & Fees ...t1 13 O J' 2;nr.T Lr - n or .a Ir ti ° 0 0 C3 0 a a a 0 a M1 r r Z fc 11 ,4a T- l 2 N a V- _% ASSOCIATED PRODUCTS SERVICES, INC., Plaintiff V. MARK GARMAN i/t/a EARTH WORKS, EXCAVATING, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-2677 NOTICE OF STAY NOTICE IS HEREBY GIVEN that Earth Works Excavating, Inc. above-named Defendant has filed a Petition under Chapter 7 of the United States Bankruptcy Code to case number 08-03902 in the Bankruptcy Court for the Middle District of Pennsylvania. As a result thereof, the above-captioned action is stayed in regards to Defendant, Earth Works Excavating, until further Order of the United States Bankruptcy Court. Undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. Date: October 30, 2008 Supreme Court ID No. 87365 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Defendant ASSOCIATED PRODUCTS SERVICES, IN THE COURT OF COMMON PLEAS INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO: 08-2677 MARK GARMAN i/t/a EARTH WORKS, EXCAVATING, INC., ; Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, with the law firm of Cunningham & Chernicoff, P.C., hereby certify that a true and correct copy of the NOTICE OF STAY was served via electronic mail and/or first class mail to: Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108 CUNNINGHAM & CHERNICOFF, P.C. 61 By: g2'32orth ulieanne Ametrano Second Street Harrisburg, PA 17110 Date: October 30, 2008 FAHoroe\KKNIGHT\DOCS\Earth Works Excavating\Associated Products\Notice of Stay.wpd <-? <__a ? ?? ? } ?'; °-! ---i t ? ? ` C..3 _.h; a ?`,