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HomeMy WebLinkAbout08-4781COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 08 478 C ly't 1 Term NOTICE OF APPEAL F' led S -og og 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. ES F I. ._ . t J 13` ?J?t- I C'??`?51?? _ _ /7/a3-l3o 1ti '2) O.aooSr I ERi Y T R5ori, N+ t4l4nJ C- +2 aL- c v-coon I L,-6 ^c? This block will be signed ONLY when this notation is required under Pa. If appellaZstntdd as Claimant (see Pa. D.J. No.(1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Soft- of Proftridny -DV* 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 Name of apWoe($) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or anw-y of agent RULE: To , appellee(s) Name of appeuee(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: ,20 Signatwe of Prothondary 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- 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 (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) 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 official before whom affidavit was made Title of official My commission expires on 20 00 w 01 a v 0 C Zr C-_. C., Signature of affiant ra a• c GI? I co -v .C" A'1,? COMMONWEALTH OF PENNSYLVANIA rnt INTY OF- CUMBERLAND Mag. Dist. No : 09-2-02 MDJ Name: Hon. JESSICA BREMARER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone. (717 ) 240-6564 17013 PERRY E. THOMPSON 136 N 13TH ST HARRISBURG, PA 17103-1301 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS PERRY E FT'HOMPSON , 136 N 13TH ST HARRISBURG, PA 17103-1301 L -? VS. DEFENDANT: NAME and ADDRESS rCARROLL, NATHAN 257 N BALTIMORE ST CARLISLE, PA 17013 L J Docket No.: CV-0000168-08 Date Filed: 6/18/08 _ (Date of Judgment) 7/30/08 71 Judgment was entered for: (Name) CARROLL, NATHAN ® Judgment was entered against: (Name) THOMPSON, PERRY E in the amount of $ ' 0 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 $ .00 Judgment Costs $ .00 00 Interest on Judgment $ . Attorney Fees $ -00 Total $ .00 * 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 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 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. *SEE AMCHED CORNY 7/30/08 Date magisterial District Judge I certify that this is a true and c r ct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 eS -X171/ ru p.. n.1 0 O Return Receipt Fee _._... _-..__..._._ ?? v PADStmark M ?;1dorsentent Rec'veri) j Here uestricted Delivery Fee F•,dorsemeni Rec e+r r -otal Postage 8 Fees - -?k• - Sent To R+c c ,«+r? a' PO Box No. `°•------°- -------------------------------------------- City, State, ZIP+4 Car i S/c- , ?w 70 l 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 (:U441 J1 1, ; 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 11 (date of service) F2si? 20 (D:j( , Q by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the g2peflee, (name) , on , 20,----/ by personal service .,by (certified) (registered) mail, sende receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE E THIS DAY OF A?51--5r- 200 t7 a A' Signature t atfrant Signature of official before whom i avit as de Title of o cial My commission expires on 20. NOTARIAL. SEAT. PROMMOTARY, NOTARY PUIN.IC CARL.ISt.E CUMLIERIMI COM Cpt1RT}INt1SF MY COMMISSION EXPIRES JANUARY 4.2010 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL No. Fled 8 oo 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. e- I r ADDRESS OF AP ELUN I ..d DATE OF JUDGMENT rl °..n Moun LW U J_ CfTy f ?^O• "'t (Defendanfj' f I a J¢ ...u.., vs r, This block will be signed ONLY when this notation is required under Pa. if appeH as Claimant (see Pa. R. .P.D.J. No 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. S4vwtum of ProfAwwbry 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 appellee(s), to file a complaint in this appeal Nears of appedae(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Slg Wwe ofappstlant oratiom" or agent RULE: To , appeltee(s) Name of OPP~ (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: .20 S*Wws of ProMonciaty or 5;p;*_ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORA WITH THIS NOTICE OF APPAL. 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 PERRY E. THOMPSON Plaintiff V. NATHAN CARROLL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4781 CPAL TERM PRAECIPE TO STRIKE APPEAL TO THE PROTHONOTARY: Kindly strike the appeal filed in the above captioned matter for Plaintiff's failure to file a complaint in this action within the time required by Pa.R.C.P.M.D.J. No. 1004A. The Notice of Appeal filed by Plaintiff clearly states that Plaintiff, as claimant in the action before the District Justice, must file a complaint within twenty (20) days after filing the Notice of Appeal. The Notice of Appeal was filed on August 8, 2008 and no complaint was filed within the required time. Respectfully, submitted Salzmann Hughes, P.C. By: _Zalj '? /Xj AI&91?L Susan B. Mo ' on, squire Attorney for Defendant Supreme Court I.D. No. 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Date: August 29, 2008 August 29, 2008, Appeal Stricken. Al h1A) 7LKS is R. Long, Prot ono iy ,r-;? °, =?t _.;` °? '- -c-t ? ?`? ` ?` r ?, -r ?? :: :??.. <'. ?-? ? . -= ..,;, .. ;;? ;?.