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HomeMy WebLinkAbout08-3790 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. D ?- 3 -7 91) da& 1 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. 0'q- I-0-1 2 N THE CASE f.. V - 0 ooo<38s'-08 This block wilt be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. NOTICE OF APPEAL FROM Pa. V. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Sling the NOTICE of APPEAL. or 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 1 e n (COmnwn Pleas No. or-3-7`- 7U Name of 40 "(i0 appellee(s), to file a complaint in this appeal ?j Ja) within twenty (20) days after serv' of rule or suffer entry dgment of non pros. JI Signature ofapp"ant oratbmey or agent RULE: To CIO/ f #j r Se cl r r I'M , appellee(s) I Name of appelests) (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: tlT? , 20 D(? o/ ry or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENWRANSCRIPT 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 PROQF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAWT (This proof ofseMde MUST QE FILED' WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: 1 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 alfient Signature of official before whom aftsvit was made Tift of official My commission expires on 20 VINVA?ASWd 95 : i wd 9Z Nnr 8002 AdV10N0, iUdd Ni d0 30H'-? '?-CPA COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-02 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rZEPLIN' S SECURITY GROUP 2026 MARKET STREET PO BOX 144 LCA" HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS rkMETAS, HARRY, ET AL. 1923 STONEGATE RD YORE, PA 17408 L J Docket No.: CV-0000085-08 Date Filed: 4/04/08 MDJ Name: Hon. ROBERT V. MAELOVE Address: 1901 STATE ST CAMP HILL, PA Telephone: (717) 761-0583 17011-0000 HARRY MARQETAS 1923 STONEGATE RD YORE, PA 17408 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) 6/03/08 ® Judgment was entered for: (Name) ZEPLIN' S SECURITY GROUP 71 Judgment was entered against: (Name) XARQETAS, HARRY in the amount of $ 1,923.13- 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 $ Amount of Judgment $ 1,809.58 Judgment Costs $ 113.53 Interest on Judgment $ .0-0 Attorney Fees $ .00 Total $ 1,923.13 Post Judgment Credits $ Post Judgment Costs $ 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. Date 14gisferial .District Judge .41011 I ce ithis is a true a ect t ecor of theproceeding con?ajning, jh6. judgment. Date ' 'Isterial District Judge My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 6/03/08 2:48:00 PM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CMGZRr•>•W Mag. Dist. No.: 09-1-02 NOTICE OF JUDGMENT/TRANSCRIPT _ CIVIL CASE PLAINTIFF: NAME and ADDRESS rZZPLIN1 S SECURITY- GROUP MDJName: Hon. 2026.KRRXZT STREET R013ZRT V. ' DIAN36OVE - PO BOX 144 ; a Addiess 1`90 STATZ ST LCAi? SILL, PA 17011 ; CAMP BILL, PA VS, ?' + ? e S 4 eF? Hsu *4ka k(£r?{_. . aN•?`t'? 3Y+ ? 7 "? ' - r ' bEFENDANT:, NAME ,andYdARE53 V t x ;telephone: ? I1 ), 77,0 61 ,0583 1-00OOA Aas :H g ST 1 0 7T r t 92 3 S OHEAkTZ BD :. YORE, , PA 17408 , L _J BARRY K RQZTAS 1923 STONZQATZ RD YORX, PA 17408 Docket No.: CV-0000085-08 Date Filed: 4/04/08 THIS IS TO NOTIFY YOU THAT: DEFA T <.JOD®LSIAT,,, PLTP 6 03 08 v Judgment: Y K _.._.. a af.Judgmentk._ .a- Judgment was entered for: (Name) ZZPLIN S SECURITY OROIIP ® Judgment was entered against: (Name) NARQZTAS • TINA in the amount of $ 1,923.13- Amount of Judgment $ 1,809.58 Defendants are jointly and severally liable. Judgment Costs $ 113.53 Damages will be assessed on Date & Time Interest on Judgment $ - Attorney Fees $ q0 This case dismissed without prejudice, r, l; 923.1 Total $ Amount of Judgment Subject to Attachr6ent/4L Pa.C.S. § 8127 , Post Judgment, Credits' $ ' $ Post Judgment Costs $ Portion of Judgment for physical damages arising out of residential lease $ 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 PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDDME T IN THE,CQURT.qF COMMON PLEAS, ALL FURTHER PROCESS MUST COAIIE OM THE COURT OF C0I646N°IPLEAS°AN[7 NOS, ,UIRTHER PROCE?S MAYBE ISS*®,BY THE 4MA61§*E'lli 616TRICTJUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT F 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. If c 14 ?SA My commission expires first Monday of January, 2012 a9isatr»aitrict`?utg$e ;eediiis cajltairrrt fIT? judgment. t ` M#ktoriai,?,jstrict Judge AOPC 315-07 DATE PRINTED: 6/03/08 2:49:00 PN w SEAL C'7 ? ? "? r_ ?.? ??, "C; Y ?r? C.... ? r;???-• _ I'i'! _ ' ' -- ? -r, fi t ?' .. ? ? i } ? .., ?.' ? ? C r^' ? r ?' ?t G°7 :x? {", ? °< N C C= - n ? -I r._ IM 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 f'o14 K ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas 0 ,?3 j'0 , 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) ,20 ? by personal service sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 3 o DAY OF ? k Al Lr .20 06. Signature of official before whom affidavit was made Aj,v *r4 X r ov 6,L r Title of official My commission expires on F,*b / I , 20 / G COMMONWEALTH OF PENNSYLVANIA , on NOTARIAL SEAL GREGORY L. BRENNEMAN, Notary Public West Manchester Twp„ York County My Commission Expires Feb, 17, 2010 ? by (certified) (registered) mail, COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has fired in the above Court of Common Pleas an appeal from the judgment rendered by the DistrictJustice on toe date and in the case referenced below. - "A - C V, o 0©q,-x3S'- 0 8 This block will be s ved ONLY when this R.C.P.D.J. No. 10088. This Ice of Apperal when received by the SUPERSEDEAS to the jud t for pareses (20) days after g the NOTICE of APPEAL. PRAECIPE TO ENTOt1RULE T 41LE CO AND RULE TO FILE (This section of form to be used ONLY iaton appellant was DEFENDANT (see P&R.C.P.D.J. No. 1001(7) in action before DMtt Justice. IF NOT USED, de h from copy of notice t(appsef to be aermd upon apipe8ae. PRAECIPE: To Prothonotary Enter rule upon 12 .00,0 / 1 ?A -• •- -®4-- -- ro. n QPICPPM (7j4de VO. rr.G.Y.U.J. M. 1007(6) in adtiorl t Justice, willoperate as a befs a Db&W Jusfe, A COMPLAINT MUST BE FILED within twenty this case. _, ! Y' ,4 Q appelte(s), to file a complaint in this appeal (Common Peas No. ?M ,S? / f? WOW twenty (20) ilays after eery of rule cx suffer errtry t of non pros. ,*VWWs ofappeow- oradprew or;jWm- RULE: To appellee(s) AWnw Of aopaMra S) (1) You are notified that a rule is hereby entered upon you to Ale a cornplaW in this appeal within twenty (20) days attar the date of service of this use upon you by personal service or by ob Od or r"iWored mail. (2) if you do not tide a complaint within this time, a JUDGMENT OF NOR PROS MAY BE ENTERED AGA NSST YOU. (3) The date of service of this rude if service was by mail is the date of the meft. Date: , 20 or b ipw- 0 YOU WJST UC A COPY OF THE NOTICE' OF JI W OIPT Pfli :llilliTM THW*GT" Of APPEAL. AOPC 312-02 WHrrE - COURT FILE 70 BE FRED WnW PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - Copy-ro wSERVED oN A"ELLEE WLD - COPY TO BE SOWED ON D Wr dtWXE 1-1 016b ? J 1 say t-- Coup lc. W t1 pJ?,lc P 6. / 'l cry is HATF nF nnrrcur ?- Johnson, Duffle, Stewart & Weidner By: Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com ZEPLIN' S SECURITY GROUP, Plaintiff V. HARRY AND TINA MARQUETAS., Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3790 CIVIL CIVIL ACTION - LAW PRAECIPE TO STRIKE APPEAL PURSUANT TO M.D.J. RULE 1006 TO THE PROTHONOTARY: Please mark the appeal of the Defendant from the judgment entered by the Magisterial District Justice Manlove on June 26, 2008 stricken from the record for failure to file a completed proof of service of the notice of appeal and rule to file a complaint within ten (10) days from the date of the appeal (July 7, 2008) pursuant to M.D.J. Rule 1005(B). Furthermore, the Appellant failed to serve the Notice of Appeal upon the Appellee and District Justice Manlove by either personal service or certified mail as required by the Rule. Thus, the Appeal should be stricken. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By. Elizab D. Snover Atto y for Plaintiff AND NOW, this )_ day of 2008, the appeal of the Defendants, Harry and Tina Marquetas, is hereby stricken for failure to comply with M.D. J. Rule 1005(8) as directed above. 2ke?" - PProthpnetaq?' / A? r CERTIFICATE OF SERVICE AND NOW, this _02 ay of Oukd , 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing doc t u n the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Harry and Tina Marquetas 1923 Stonegate Road York, PA 17408 JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabe . Snover Attorney or Plaintiff C-) ?? r-- ?°-.,? ?? lfJ i. --.« :t • . i CY,` ?1