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HomeMy WebLinkAbout04-1298COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDC~ENT COMMON PLEAS I~h~ Oq 'I NOTICE OF APPEAL Notice is given hG~t the af~oellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date c~l in the cc~e mentioned belo~ ~is ~k will ~ ~g~ ONLY ~n this ~mfi~ is requi~ u~e .C . If a~ S~ ~. R.C.P.J.P. No. 3008& ~ ~t~e of A~al, ~ mcd~d by t~ District Justice, will ~ as a 1001(6) in ~ ~f~ Dis~ct J~tice, ~ ~ST ~PEE~DEA5 ~ t~ j~ f~ p~ in this cas~ FILE A COMPLAINT within t~ (20) ~ after filing his NOTICE of A~EAL. S~na~re of ~ot~o~y ~ (Common Pleas RULE:To ~"~_~.-/¢//¢~-J3 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of tom3 to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. 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 E~tef role ~pofl ///'~ ~/~,,~- ~' /'"///C~'//'//~/,,d/~/~.~ ,appellee(s), tofile a complalnt inl~sapped ) within twenty (20) days aft~e of rule or suffer entry of judgment of non pros. (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 pers~al service c~ by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date °f set'vice °f this rule if service was bY mail is the date °f mailing'//) /f~ ' COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO F~LE C©MPLA~NT (~'hi Poofots~rvlce ML~. T~i F Fl) ~FH ~ T~N?,O~DAYSA~:~'C/~ f /~!t? ~e ~x)t ~ / ~,:k ~V;~:; c!;)e ~oxa COI~ONWEALTI40tt P~NNSYLVAN~A COUNTY OF : ss AFFIDAVIT: /~ereby wee oraffirm that served , by persona servce ['] ~y cent ed), ..u~s,~ ..d~ real se der$ rece~Ft attached ~ereto 8nd upon ~he appellee ~ame n 19 ..... [3 by personal service [] by (certified) (registered) mail sender's receipt attached hereto [['3 and further thatlservedtheRuletoFileaO mplantaccompany',ngtheabove Noti eofAp~e~ pont eappe eels towh}n SWORN [AFFIF~MED AhDSt~SSCRIB O{~EF)RE ME THS ')AY DF 9 S~g ~atu~'e o~ affiant ..:c..._~MMONWEALTH OF PENNSYLVANIA COUNTY OF: CUN~E~ 09-3-02 HET.EN B, SHULENBERGER ~d~,s~: P.O. BOX 155 27 W. BIG SPRING AVENU~ NEWVILLE, PA r¢~pho~ (717) 776-3187 17241 ROBERT L. HIPPENSTEEL JR 373 SHERWOOD DR CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Jud.c/ment: [] Judgment was entered for: (Name) [] Judgment was entered against: (Name) NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAIVE and ADDRESS F-HIGHLANDS, VERMA J 331 BURGNER RD CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS F-HIPPENSTEEL JR, ROBERT L 373 SHERWOOD DR CARLISLE, PA 17013 Docket No.: CV- 0000025- 04 Date F ed: 2/09/04 in the amount of $ R, 21 f;, ~0 on: E~ Defendants are jointly and severally liable. [] Damages will be assessed on: ]This case dismissed without prejudice. ~ Amount of Judgment Subject to Attachment/42 Pa,C.S, § 8127 $ j-~ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 5,100.00 $ 116.50 $ .oo $ .oo $ 5,216.50 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 OTHERW(SE PROV(OEO iN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 RE iSSUED BY THE D;STRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SEITLES, OR OTHERWISE COMPLIES W}TH THE JUDGMENT. certify that this is a true and correct Copy of the record of the proceedings containing the judgment, .... Date ....... , District Justice My commission expires first Monday of January, 2006 . AOPC315-03 DATE PRINTED: 3/02/04 12:25:03 PM SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Th ~ proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER fiting the notice of appeal. Check applicable boxes) AFFIDAVIT: t hereby swear or affirm that I served - ~4 "~Z'~t ~ unon the District Justice designated therein on o vofthe Not ce ofAppe , _ ~ ' ~ ~,, [~ccp -~,~.~.. ~_ ~"j~ll~ , E] by person~ service ~tJed)(regtstered}mall, senders hereto, and upon the appellee. (name) fecal ~.a~_ ~ by personal service ~ (certified) (registered) mail, sender's receipt attached hereto. ~d further that I served the Rule to Fite a Complah~t accompanying the above Notice of Appeal upon the appellee (s) to whom the Rule was addressed on ~ -~ ....... ~ [3 by persona service [~12by?ertified) (registered) ma seeder's receipt attached hereto, ' ~ / , - NOTAR AL SEAL HAROLD S. IRWIN, III, NOTAFi'. SAR/ISlE BOROUGH, COUNTY OF <o~6;R~¢I Z :Z~ m f C_OMMONWEALTH OF PENNSYLVANIA COURT OF CO~ON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS N~. NOTICE OF APPEAL Notice is gi~m that the appellant has filed in the above Court of Comm~ Plea~ an appeal from the judgment rendered by the District Justice on the dole and in the case menfioned below. cv ~ C~:~o~oZ5'--04 ~ ---------- Th~s b~ck wdl ~ ~ ONLY ~ ~is r~ P~ R.C~.J?. ~& ~~ ~. R.C.P.J.P. NO. ~n~c~,~ A~I, w~ mcei~ b~ t~ ~istrict Jus~e, ~11 ~ as a 1~ 1(6) in ~f~e D~Eict J~tice he ~ST FILE A COM~AINT within t~nty (20) ~ a~ S~ ol ~t~o~y ~ ~ty ~Ting his NOT/CE of A~EAL. PRAECIPE TO ENT'-~ULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before Dist[ict Justice. IF NOT USED, betech from copy of notice of appea/ to be served upon appellee). PRAECIPE: To Prothonotary Name o/a~el~ee(s) , appellee(s), to file a com~int in this appea~ (Common Pleas Nc~ ) within twenty (20) days aft~ s~ of rule or suffer entry of judgment of non ~ {1) ~ou am notir~-d that a rule is hem~ entered upon you to file a ¢o~aint in this appel within twenty (20) days after the d~e of (2) If ~ do not file a coml~int within this time, a .IUDG~V~NT OF NON PEO5 WILL ~E ENTERE~'~dN$? YQU. '" (3) The dine ~ ' / ' , °f serwce of th,s rule if serwce was by mail is the date of mailing. /~ _~,: ~ COURT FILE HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PII'I' STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT VERMA J. HIGHLANDS, Plaintiff Vw ROBERT L. HIPPENSTEEL, Defendant : IN THE COURT OF COMMON PLEAS OF : DAUPHIN COUN~'Y, PENNSYLVANIA : : CIVIL ACTION - : : NO. 04 - 1298 CIVIL TERM : PRAECIPE TO THE PROTHONOTARY: Service of the rule upon the plaintiff to file a complaint in this case was accomplished by certified mail upon the plaintiff on March 31,2004 (see original signed receipt card attached). In addition, the District Justice wa.,; served with notice of this appeal on March 30, 2004 (see original signed receipt card attached). 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. April 21, 2004 ~ffAoRr ey for defE~ 64 South Pitt Street Carlisle, PA 170'13 (717) 243-6090 Supreme Court I.D. NO. 29920 · Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery Is dsoired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the bac~ of the mailplsoe, .._~or on the front ~f space Permits. 1. Article Addressed to: B. Rec~v~l ~m~t from Item 17 F1yes below: ~ No Express Mail Return Receipt fo~ Merchand~e C.O.D. 2. Article Number ?r,~r,~=~,~ 7003 1010 0001 1204 7375 PS Form 3811, Augam 2001 --~- · Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you, · Attach this card to the back of the mailp~Ce, ~. S~i~ tA~front~t~:pace permits. D. Is delivay item 17 If YES, e~lter delivery a~dress below: i-I No ~r,-~.=~-??~,~,~.~,~) 7003 1010 0001 1204 PS Form 3811, A,~.* 2o01 D~,,~iic ~ Receipt 7382 EXHIBIT "A" FL&ROLO $. IItWIN~ lll~ E~QUII~E AI'FOR#EY ID NO. 266JI0 · 4 ~OUTH PFI'F ~TREET CARLISLE PA 170"13 (?'1 'i') 243,44)~) ATTORNEY FOR DEFiUNOANT VBRMA J. HIGHLANDS, Plaintiff ROBERT L. HIPPENSTEEL,'j'~-- - Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - '1298 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Service of the rule upon the plaintiff to file a complaint in this case was accomplished by certified mail upon the plaintiff on Mamh 31, 2004 (see original singed receipt card filed on Apdl 21, 2004). In addition, the District Justice was served with notice of appeal on March 30, 2004 (see odginal signed receipt card filed on April 21, 2004). On August 30, 2004, defendant's counsel sent to the plaintiff a ten day notice regarding her failure to file a complaint in this matter, a copy of which is attached hereto. Subsequently, the plaintiff called defendant's counsel and indicated that she had received the ten day notice, but does not wish to proceed with the action. To date, the plaintiff has not filed a complaint as required by the rule. Accordingly, please enter a judgment of non pros against the plaintiff for failure to file a complaint within twenty (20) days of service of the rule. September 15, 2004 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (7t7) 243-6090 ATTORNEY FOR PLAINTIFF VERMA J. HIGHLANDS, Plaintiff ROBERT L. HIPPENSTEEL, Defendant VERMA J HIGHLANDS 331 BURGNEE ED CARLISLE PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - t298 CIVIL TERM IMPORTANTNOTICE 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: August 30, 2004 CUMSERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST CARLISLE PA 17013 HAROLD S, IRWIN, Iii Attorney for Ddefendant 64 SOUTH PITT STREET CARLISLE PA 17013 (7t?) 243-6090