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HomeMy WebLinkAbout08-4485W COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 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. 1 -0;?- 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. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 08- L y 85 C) ; vd re-,U was '.D.J. No. 1000 in action before a District Justice, A COMPLAb& MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. SomWm of P onbnora y or Do" 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 _Ae Ci-z4- GY1Ao QL5soc Name of aAwflft(s) appellee(s), to file a complaint in this appeal (Common Pleas No. 0-1 lit ) within twenty (20) days after rvice of rule ors entry of judgment of non pros. lerrn I to, slgnaf appellant or agent RULE: To , appellee(s) Name of appeMee(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: a5 JUJ/, 20 pg I ary or Deputy 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 TEN (40) 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 C'J o p (date of service) 20 ? by personal service ? by (certified)*egisfad) Mail, sender's receipt attached hereto, and upon the appellee, (name) r-1r3t r ,20 ? by personal service ? by (certified) (rred)na+l, M ` sender's receipt attached hereto. r "T a, =X (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME C THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 A, Vk 1 Ai 1 06 C3 of ent COMMONWEALTH OF PENNSYLVANIA COUNTY OF. CUMBERLAND Mag. Dist. No.: 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Address: 1901 STATE ST CAMP HILL, PA Telephone: (717 ) 761-0583 17011-0000 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rZEPLIN'S SECURITY GROUP 2026 MARKET STREET PO BOX 144 LCAMP HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS 'THE CREST CONDOMINIUM ASSOCIATION 2025 S QUEEN ST YORK, PA 17403 THE CREST CONDOMINIUM ASSOCIATION L J 2025 S QUEEN ST Docket No.: CV-0000112-08 YORK, PA 17403 Date Filed: 4/22/08 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JOVGKXNT. PLTF (Date of Judgment) 6/25/08 ® Judgment was entered for: (Name) ZEPLIN' S SECURITY GR, OUP ® Judgment was entered against: (Name) TER CREST CONDOMINIUM ASSOCIATION in the amount of $ 2,810.75 Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time 17-1 This case dismissed without prejudice. F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F1 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2,681.25 Judgment Costs $_ 129.55 Interest on Judgment $ .00 Attorney Fees $-- Vo Total $ 2,810.75 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. ate Magi prlal District Judge I certify th t this is 'a true and ect py of t cord of the pr eedings corRaining the judgment. ; Date l agis#d` I District Judge H My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 6/25/08 3:36:00 PM Johnson, Duffle, Stewart & Weidner By: Elizabeth D. Snover I.D. No. 200997 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com ZEPLIN' S SECURITY GROUP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-04485 CIVIL V. CIVIL ACTION - LAW THE CREST CONDOMINIUM ASSOC. Defendant 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 25, 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 (August 4, 2008) pursuant to M.D.J. Rule 1005(B). Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabe . Snover Attorney for Plaintiff AND NOW, this 04 day of f , 2008, the appeal of the Defendants, The Crest Condominium Association, is hereby stricken for failure to Amply with M.D. J. Rule 1005(B) as directed above. I Prothonotary J 0&6 CERTIFICATE OF SERVICE AND NOW, this 545 day of , 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing document on 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: The Crest Condominium Association 2025 South Queen Street York, PA 17403 JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabe D. Snover Attorney for Plaintiff rTi ? m ! ? o L Ar •46 a-llgf5 N ' . 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 r ; 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) &?_? (211ra'a 1 30 20 ? ? by personal service by (certified) (register) mail, sender's receipt attached hereto. d J, (SWORN AFFIRMED) AN SUBSCRIBED BEFORE ME TH?S _ DAY OF 200- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT CCNMtOI+! PLEAS No. OS- J 65' U ar? I F f.rm IOTME OF APPM 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. I. NAMEkj'' MAf. OIST?W ts-0 Vdiff OF D.J. J 9590 OF APPELLA19 ?4 C ST/1TE ? 7 (k ZIP CODE DDATFF OF JUDGMENT INTNE CASE OF (**AT) s Lx ~ DOCKET No. ORNEY OR AGENT 4 a } J This block will be signed ONLY when this notation is required under Pa. If was Ctarawnt (see Pa. .P.D.J. W. 1 ) in acbon R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a Distdd Jus We, A MUST BE FILED wirh/n twenty SUPERSEDERS to the judgment for possession in this case. (20) days after NkV the NOTICE of APPEAL- PRAECIPe TO ENTER RULE TO FILE C A #W TO FILE (This section of form to be used OMY wharf *pefiant was DEFENDANT (sae Pa.R.C.P.D.J. No. M1(7) in action before Of id Justice. IF NOT USED, detach filial oppy of notice of appal to be served upon appelbe. PRAECIPE: To Prothonotary Enter rule upon -k s), to rye a complaint in this appeal Name of apm#Ws) (Common Pleas No. )within twenty (24) days aftor ice c rube or sutfeentry,p(.udgaaerrt of non pros. l° r #b RULE: To . appellees). Name appsiG S) (1) You are rrotifieor $ tale is hereby On upon you to Sea complaint in this appeal within twenty (20) days after the date of service of this na*,Wn you by; service or by oett led or registered mail. (2) If you do;not file a oompWnt within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. ` i The date of service of tt& rule if service was by mail is the date of the mailing. Date:. 2ti"C1,g _A0*Wwwoffft*waoiwy or D" YOU MW LWE- A MPY OF THE NOTICE OF JU ITITR,A9iiifCOPT 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 11 STRICT MSTICE mob Q 2Y f J a C3 Ln P N O C3 •A C3 4r+ n 4-' ID A 3 C3 ?. N ?I a 58 0726 7005 182fl Qp?7 51 r c . -.'J - - -ft Certificate of Service And Now this 13th Day of August, 2008 the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties record by causing same to be deposited in the United States Mail, first class postage prepaid at York, Pennsylvania, addressed as follows: Zeplins' Security Group 2026 Market Street P.O. Box 144 Gena L. Dwyer, Managing Agent The C ndominium Association :?, . -?:, ??_ u? . ? : .? ?;"a ?- ; ,_ ?? c ?. ??:a ?? ? ?