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HomeMy WebLinkAbout08-3407t C#UavnaynlnrtAL IN OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 8 - 3407 01; yd Term 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. NORMA 0. FRAME JESSICA BREWBAKER OF CV 0000057 - 08 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. PA 17013 "911 - _') IJLW was alai nt (see a. R.C.P. .J. No. 1001(6) in acti before a District Justice, A''6Q,UQ14INT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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 AEG SETTLEMENT SERVICES Name of appellee(s) (Common Pleas No. _08- 34Cr7 Olivi J ) within twenty (20) ..r em RULE: To AEG SETTLEMENT SERVICES appellee(s) Name of appellee(s) 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) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST (3) The date of service of this rule if service was by mail is the date of the mailing. Date: V 3 200 8 ho- or Deputy 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- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE appellee(s), to file a complaint in this appeal of rule or suffer entry of judgment of non pros. 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 , upon the District Justice designated therein on (date of service) 120 , ? by personal service ? by (certified) (registered) mail, on sender's receipt attached hereto, and upon the appellee, (name) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of official before whom affidavit was rnade Title of official My commission expires on 20 Q ? v -r c? C:-- 1 r rt Signature of affiant W 'fir COMMONWEALTH OF PENNSYLVANIA ' COUNTY OF: CU'M'BERLAND Mag. Dist. No.: -'?--- 09-2-02 MDJ Name Hon. JESSICA BREMgAXER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717) 240-6564 17013 NORMA O. FRAME 91 COURTYARD DRIVE CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: Defendants are jointly and severally liable. FAttomey of Judgment Damages will be assessed on Date & Time t Costs n Judgment Fees This case dismissed w ithout: prejudice. ® Judgment was entered against: (Name) in the amount of $ 2,840.897 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $--?_ Total Post Judgment Credits Post Judgment Costs $ 2,719.31 $ 121.58 $ 0 $ $ 2,840.89 $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT SIFILING A NOTICE OF APPEAL WITH THE PROTHONOTARYAi;LERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. FILING MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTRRANSCRIPT 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. Date I certify that this is a true an Date Magisterial District, udge copy of the record of the proceedings containing the judgment. , Magisterial District Judge My commission expires first Monday of January, 2012 AOPC 315-07 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE f = SEL8 NAME and ADDRESS 1603 RHA111s[S SERVICES -l N STREET C/O WARREN A VULLINGS LLP LPHILADELPHIA, PA 19111 VS. -? DEFENDANT: rFRAME, NORMA O NAME and ADDRESS 91 COURTYARD DRIVE CARLISLE, PA 17013 L Docket NO.: CV-0000057-08 J Date Filed: 2/19/08 (Date of Judgment) 5/19/08 (Name) AEG SETTLEMENT SERVICES FRAME, NORMA O SEAL '"elf TT TWn"15v1_ L' YA9 /AD 1 A_7G_AA ... 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 (-,.e M,.; ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas OS-3 40 , upon the District Justice designated therein on (date of service) Ju J 4-- , 200!?-, ? by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name)*q, Sf?(?.+tC?1- 7(,(tislt-S on ke- 4 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF [.w--4- .200 Signatu e if official before hom affidavit was made vM0710 " L, C- Title of official My commission expires on-Tv-4t- to 20223-- 16010- + f PENivSYLVMMA Sid jWwhL FW*von, Notary PUW OWN* Bono, wd ww d C*j* pgnrnl "Mole June fl, 200® Member, Pb??ttd'JIVltAli AssedeVon of faoWAN C Z C7 ? 3 S iV two C+ V COURT OF Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT CO#tMON PLEAS No. ta:" r7? c? Li yj NOTICE O 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. CST 0000057 - 08 Y was Claimant (see a.. R.C.P..J. 1(6) in This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. i008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment fore in this case. V Sin of Pm0whoWy or Do" before a District Justice, A-4QQME9AINT MUST BE FILED within twenty (20) days after Mmg the NOTICE of APPEAL. PRAE# PE TO 90ER RULE TO FILE 0 T AND RULE TO FILE (This section of form to be used ONLY when appeNant 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 AEG SE'1!TLFMENT SERVICES appeilee(s), to file a-complaint in this appeal NO" ofapp~s) (Common Pleas No. ) within twenty (20) 7 7 rvice of rude or suffer entry of judgment of non pros. -rem of eppinrorammay (W agent RULE: To . appellee(s) Apr. qp rrfama a) (1) You Grp, potified that a rule is hereby entered upon you to file a complaint in this appeal wilhiin twenty (20) days after the date of service of this nJl '+ yW fi r{9Sansal service or by certifled or registered maM. S j+ovl0-ftot file a 41pMaiaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU f a The 00% of sar-Ace ot?tbtd rule if service was by mailis the date of the mail. bar Date: ?o0 8 , of Protxx ofty or Deputy YOU MUST INCLUDE ^,90PY OF THE NOTICE OF JUDON W/r T F OW WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WFT14 PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE COLD -COPY TO BE SEWED ON DMRtCT tUSIXE COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUl11WERLAMD Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA 13RZNBA M Address: 18 X HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 NORYA O. FRAME 91 COURTYARD DRIVE CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r -71 im ssTTLErEr?T SERVICES 1603 RHAIN STREET C/O IIARRZX & VULLINGS LLP LPHILADELPHIA, PA 19111 J VS. DEFENDANT: NAME and ADDRESS r1-RUM, ROMA O -71 91 COURTYARD DRIVE CARLISLE, PA 17013 L J Docket No.: CV-0000057-08 Date Filed: 2/19/08 r.q (Domestic Q" ut I kb all OFFI CI AL U 0 ru IV Postage 11 (f•4/ $ Lit Q? 6 Cath d F M e ee C3 Return Receipt Fee E Q Postmark Here j M ( ndorsement Required) I O Restrk?ted Del a Fee (Endorsement Required) r Total Postage & Fees $ 5 O r ( r- Sent To 1 ?- C3 p f A o or PO Box Alb. . . .................._ . O r L Er L ,^ _I • O I mm r ru `, L r Pdsiege r Lb ? m ed Fee I 0 Return Receipt Fee Postmark [ 0 (Endorsement Required) Here 1 Restricted Delivery Fee 1 p (Endorsement Required) rrq 1 r- Total Postage & Fees 1 r.,- Sent To O M1 or PO Box No. r, CNy, . ZIPr4 COMMONWEALTH OF PENNSYLVANIA (-nt INTY oF. COMA Mag. Dist. No.: 09-2-02 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rAEG SETTLSILEI#T SERVICES 1603 REM STREET C/O NABRXN & VULLINGS LLP LPSILADELPSIA, PA 19111 J vs. DEFENDANT: NAME and ADDRESS rFRAM, ]KOREA O ? 91 COURTYARD DRIVE CARLISLE, PA 17013 MDJ Name: Hon. JESSICA BREi/BAESR Address: 18 N BANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 MORKA O. FRAM 91 COURTYARD DRIVE CARLISLE, PA 17013 L -? Docket No.: CV-0000057-08 Date Filed: 2/19/08 ¦ Caq)lete Ite0*4, t ak1 a Also complete X Bomb" Item 4 If Reo tt Wd Detfvery k desired. a Print your name aN address on the reverse so that we can ri the card to you. B. Received by (Prfnted Name) ¦ Attach thWUM taltlia'back of the maiipkm, or on theoWd If space permits. 1. Article Addressed to: AEG SETTLEMENT SVC 40 WARREN & VULLINGS L 1603 RHAWN ST PHILADELPHIA PA 19111 ? Agent ? Addre C. 17 ? Yes ? No ? Registered ? Return Receipt for Merchandiee ? Insured Mali ? C.O.D. 4. Restricted DelWery't Pit Fee) ? Yes 2- Article Nurntw 7007 0710 0003 2206 5901 Ps Porm 3811, FWDrrp" 'M 00pouMO ilbMn tlaostpt 1025%-W- IS40 0 Complete Items 1.2.8"3, Also complete item 4 if Restricted DWverjs desired. 0 Print your lpme and address"on-the reverse• so that we ctirt"retum the card to you. ¦ Attach this card to the back of the maiiplece, or on the front if space permits. 1. Article Addressed to: HON JESSICA BREWBAKER 18 N HANOVER ST CARLISLE PA 17013 r B. RpqehW by`(°Printed D. Is delivery address dNlerent fiord its If YES, enter delivery address bek 3. service lype Mall ? ewmo Mall URegilstered ? Retum Recoil ? insured mail ? C.O.D. 4. Restricted Dellvery7 ftft Fee) 2. Article Number 7007 0 710 0003 2206 5 918 l7ians w from senriioobw PS Form 3811, Febuwy xim Dto "afrc Roturn Receipt 0 c C.. t? m{,? t r ?:? „ t "'"r?. cc HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT AEG SETTLEMENT SERVICES, Plaintiff VS. NORMA O. FRAME, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008 - 3407 CIVIL TERM : IN ASSUMPSIT PRAECIPE FOR NON PROS TO THE PROTHONOTARY: Service of the rule upon the plaintiff to file a complaint in this case was accomplished by certified mail on June 8, 2008. In addition, the District Justice was served with notice of this appeal on or about the same date (see signed receipts filed on June 13, 2008. On or about September 17, 2008, plaintiff's counsel of record was served with an additional 10 day notice, as required by the Pennsylvania Rules of Civil Procedure (see attached copy of notice and certified mail receipts). To date, the plaintiff has not filed a complaint as required by the Rule. Accordingly, please enter a judgment of nolle pros against the plaintiff for failure to file a complaint within twenty (20) days of service of the Rule. November 2, 2009 `T "L(f HAROLD S. IRWIN, Attorney for defend 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court I.D. NO. 29920 EXHIBIT "A" HAROLD S. IRWIN, 111, ESQ. SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR DEFENDANT AEG SETTLEMENT SERVICES, Plaintiff VS. NORMA O. FRAME, Dehndant TO: BRUCE K WARREN ESQ WARREN VULLINGS A VASSALLO LLP 1603 RHAWN ST PHILADELPHIA PA 19111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2008 - 5407 CIVIL TERM : IN ASSUMPSIT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9180 r (717) 24934 .. September 15, 2008 v HAROLD S. IRWIN, III Attorney for Defendai 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ' Postmark O Return Receipt Fee Here O (Endorsement Required) 0 Restricted Delivery Fee O (Endorsement Required) Q M Total Postage & Fees $ 5 rR to Sent To sell. t. _3 11Z M1 or PO ear No. Fa (? ------------ - - cny , MP+4 ¦ 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 maiiplece, or on the frorrt If space permits. .c 5T A. W V & V LLP 1603 RHAWN ST c, PHILADEPHIA PA 19111 1. ArtlbWAddressed to: BRUSE K WARREN E A. Signature .. _. „. X C1 Ageerit ? Addressee B. Recelved by (Printed Name) C,lfte of Dallver) Lj, J D. Is delivery eeddtm ditent from Item 1?` ? Yes If YES, eater deltmy address bobw: ? No 4 11 tA?t ? MIet41 ? ? ReeMm Receipt for Men^liandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? pft Fee) ? Yes 2. ArtideNunnW 7008 1300 0001 6292 8001 (IYwWw horn stervke labs., PS Form 3611; li8bnu6ry 2004 Dammtlo Return ROW 102ss -M-160 EXHIBIT ••B" FILED- OFFICE r;r THC t , k" +' o ?(, 211309 h,,)V -2 F i 4' It i iy Idl- -A iyoo s?m ,?C? a6,7 aid