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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 S+ ,arar? ::f pP(?.,t be r ,itr?}?? h tV c C) {'r't rr j -. T2tr uE OhS?ra! :?'? L i7?? M core -mss,onexsr < ar? t 3 = 71 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 04- ? A M 00 t 7 ' ?r o 1 c- ?., -n c-) rTj P v 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 M Ln ru 0 Postage $ 1268 Certified Fee s 2 -1? Pos 4 rll Return Receipt Fee µ, ; .. ? (J) O (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) f O Total Postage & Fees $ c). ? r) "s7 A/AV V7 _ Cl Sent To cu_., 5 f?'c of C?_h! _c - rU Street, Apt. No.; -------- ?CX 155 M or PO Box No. o- State '_-kt? s?--l3?-pp S- O n f-- ?ytn c?. C3 City , ZIP+4 J C3 L.n Ln ru Postage $ X265 r u Certified Fee Return Receipt Fee rl s P tf' O (Endorsement Required) 2 - t C3 M Restricted Delivery Fee (Endorsement Required) L 16. ?n 1 ,-q Total Postage & Fees $ Ln O RJ Sent To Street A t No `n O EM , p . .; or PO Box No. ( e 11 ?p C?' ! -]--?-C?r) - -. S r City, State,ZIP+4 -- - _ _( r _r-- 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