HomeMy WebLinkAbout08-7203COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
JUDICIAL DISTRICT
NOTICE OF APPEAL Fled /.7/017/08
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis-
trict Justice on the date and in the case mentioned below.
NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J.
Mellott Transport, Inc. 9-3-02
ADDRESS OF APPELLANT CITY STATE ZIP CODE
P. 0. Bog 522 Greencastle PA 17225
DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT)
November 10, 2008 Mellott Transport, Inc. vs. Jacquelyn Wert
CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT
CV YEAR 0164-08
LT YEAR
This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P.
R.C.P.J.P. No. 1008B.
This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he
A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20)
days alter filing his NOTICE of APPEAL.
Signature o Prothonotary or epu
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.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
Enter rule upon
Name of appellee(s)
appellee(s), to file a complaint in this appeal
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or his attorney or agent
RULE: To
Name of appellee(s)
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 08 - 7aOZ 0 YI Ii m
appellee(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 WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
Year
Signature of Prothonotary or Deputy
White - Prothonotary Copy
Green - Court File Copy
Yellow - Appelant's Copy
Pink - Appellee Copy
Gold - D. J. Copy
Proth. - 76
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 the notice of appeal. Check ap?Iicable
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT: I hereby swear or affirm that I served
q"l a I;opy tJf the Notice c;' t?: pew, ` "orri!?"on Teas No upon the District J.S €ce ,L; -
(?
El (date of service) --- __, year E] by personal service [:]by (certified) (registered) mail, sender',,
receipt attached hereto, and upon the appellee, (name-
71 b,, Per?conal service F_] by (certified) (registered) maid. sender's receipt attached l?errt
ac,d fur`her'fat I serL - o t ??? .7r a c; Notfr e' .r pt
whom the Rule was addressed on vea,. i__7 by I ersc 77bv : -t&?s.'
-ntifl_ s? nde,,', receipt a=ttac ;ed lr ireto
S )F.: ,Ah : iR F-, !_: SUESc RI i Es
T', ,IS DAYOF
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COMMONWEALTH OF PENNSYLVANIA
rnl 1NTY nF• t' n I >itLAlm
Meg. Dist. No.:
09-3-02
MDJ Name: Han.
VIVIAN COEICK
Address: PO BOX 155
27 N BIG SPRING AVE
NENVILLE, PA
Telephone: (717) 776-3187 17241
ATTORNEY FOR PLAXZTIF]r s
JA=S X. STEIN
STE 210 Docket No.: CV-0000164-08
13 X MAIN ST Date Filed: 9/29/08
NAYNESBORO, PA 17268
THIS IS TO NOTIFY YOU THAT: NERT, JACQITELYB DEF 001
Judgment: DIMaSSZD W/O PREJUDICE (Date of Judgment) 11/10/08
E] Judgment was entered for: (Name)
Judgment was entered against: (Name)
in the amount of $
F] 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 $ .00
Judgment Costs $ ?
Interest on Judgment $ •
Attorney Fees $ UU
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, *NYONE 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.
)/-)()-y-)? Date . I certify that this is a true and correct copy of
Date
6 n
_ . (;a.-& .0-kL_, Magisterial District Judge
record of the proceedings containing the judgment.
My commission expires first Monday of January, 2012
AOPC 315-07
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
riIOZLLO n TRMSPORT INC
P.O. BOX 522
ERNIE 1ZLLOTT
LGRZMICASTLE, PA 17255 J
VS.
DEFENDANT: NAME and ADDRESS
5imT, JAMMMYN
203 PAIRFIELD ST
NZNVILLB, PA 17241
L -?
, Magisterial District Judge
SEAL
DATE PBINTEDs 11/10/08 9:04100 AIL
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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 the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
FRANKLIN
COUNTY OF
AFFIDAVIT: I hereby swear or affirm that I served
ss
® a copy of the Notice of Appeal, Common Pleas No. 08-7203 upon the District Justice designated therein on
(date of service) December 15 year 2008 []by personal service FL]by (certified ' ail, sender's
receipt attached hereto, and upon the appellee, (name Jacquelyn Wert on
December 15 year 2008 by personal service certified
[!]by ( ) (fiR5*NlMnail, sender's receipt attached hereto.
U and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on year _ by personal service Mby (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS _ DAY OFDecember , YEAR 2008
Signature of Ardent
Signature of oftial berore whom affidavit Ives inadel"7
Eumalee W. Replogle, Notary Public
rime Of after
My commission'expires on Dec. 27 , year 2008
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Emmalee W. Replogle, Notary Public
Waynesboro Boro, Franklin County
M\+ t- >mmission Expires Dec. 27, g6
PenrsyMania Association of Nc -.:irs
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Postage $ 1268
Certified Fee s
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08-018469
DICK, STEIN, SCHEMEL, WINE & FREY, LLP
James M. Stein, Esquire
13 West Main Street, Suite 210
Waynesboro, PA 17268
Telephone Number: (717) 762-1160
Attorneys for Plaintiff
MELLOTT TRANSPORT, INC.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JACQUELYN WERT,
DEFENDANT
No. 2008 - 7203
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above-captioned case settled, discontinued and ended.
DICK, STEIN, SCHEMEL, WINE & FREY, LLP
Date: sl 2 ° /C) 9 By:"-" ?- 3-
James M. Stein, Esquire
13 West Main Street, Suite 210
Waynesboro, PA 17268
Telephone Number: (717) 762-1160
Attorney for Plaintiff
CourtI.D. 1Fg U A 6
08-018469
LAW OFFICE OF SNYDER & DORER
Donald R. Dorer, Esquire
214 Senate Avenue, Suite 600
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendant, Jacquelyn Wert
MELLOTT TRANSPORT, INC.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JACQUELYN WERT,
DEFENDANT
No. 2008 - 7203
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein,
and that he caused a true and correct copy of the attached Praecipe to Settle Discontinue and End
to be served by regular first class mail upon:
James M. Stein, Esquire
Dick, Stein, Schemel, Wine & Frey, LLP
13 West Main Street
Waynesboro, PA 17268
Attorney for Plaintiff
Date: June 5. 2009
J 11
Donald R. Dorer, Esquire
Attorney for Defendant
FILED-:1t HCE
OF THE PRCM4 OTARY
2009 JUN -8 PM ?: 17
PENNSAVANA