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
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-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
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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
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(Endorsement Required)
r Total Postage & Fees $ 5
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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
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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
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