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HomeMy WebLinkAbout09-0556COOONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of Cumberland FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q q- 55(0 i V l T" 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. State Farm Insurance Concordville Paula P. Correal P.O. Box 11 1/09/09 CV-0000179-08 PA 19331 Ralph E. Basile w State Farm Insurance 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. D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Sonatum of PMhawtary or Dsp* 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 Ralph E. Basile appellee(s), to file a complaint in this appeal Name of appeffee(s) (Common Pleas No. pq_ 65( )within twenty (20) days after service of rule or suffer entry of judgment of non pros. -Chill -? Signature of appellant or attorney or agent RULE: To Ralph E. Basile , appellee(s) Name of 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 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: 200q re of Prothonotary 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- APPELLANT'S 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 0 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 s o V a Signature of affiant CrD CD Reee,ved: r Jan 22 2009 04:54pm 01;%22/09 17:55 FAY, 7179448498 STATE FARM COMMONWEALTH OF PENNSYLVANIA rrunuTY nC-I'm 'ERLAM Z 09-2-01 bDJ ft": Hat P]1111 a P. CO>RIiII UL . AdOi"' 2260 SYRZ10 RD Oul R3 CAZLIS", Pik Twoome; (717) 218-5250 - 17013-0000 STATS PAM I>nn9RAX 0 PO UK 11 CONCOUTZLM PA 19331-0011 NOTME OF 9 002 IANSCRIPT PLAINTIFF: ?3>?ILt, >vLPB a 90i NMLT= 5T CAnIOLS, PA 17013 L J VS. DEFENDANT: WAK WW NXMEW 1sT>,:s P= PO an 11 PA 19331-0011 L J Docket No.: C0-0000179-08 Date Filed: 11/20/08 THfS IS TO NOTIFY YOU THAT: Judgment: Fm PL?DTIl7 (Date of Judgment) 1/09/09 Judgment was entered tor; (Name) 3"- 3=, NAL*R 2 © Judgment was entered against: (NamETATR FASK In the amount of $ 2,393.29i Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed withcut prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Post Judgment Credits Post Judgment Costs Ce" Judgment Total ANY PARTY HAS THE RIGHT TO APOEAL 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 ONSION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/rRANSpT PORN WITH YOUR NOTICE OF APPEAL. EXCEPT AS OIWJ WM PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGINTORIAL DISTRICT AMOK IF THE JUDGMENT MOLDER ELECTS TO ENT ER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL PURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY IS ISSUED BY THE MAGSTEIMAL DISTRICT JUDGE . UNLESS THE JUDGMENT SOME RED IN THE COURT OF COMMON PLEAS, ANYONE WTERESTEO M THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGNTERIAL DISTR>O I JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, ON OTM"E COMMt= WITH THE JUDGMENT. Date' 'Dist' Judge f; certify thet'this fe a true3- eor copy' the p & ltt{N? judpmeM. " go. !6,9 eM7 e . Date ; tu?pjaltierial Dlstoct Ju* My commission expires first MxWay of January. 2012 +...,.,, AOPC 3ta-OT DATZ P3:ID'liD: 1/09/09 1:12:00 AN . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. BASILE, ; Plaintiff NO. 2009 - $'S(o Civil 7e-T. VS. STATE FARM INSURANCE, Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Buzgon Davis Law Offices whose address is 525 South Eighth Street, P.O. Box 49, Lebanon, Pennsylvania 17042-0049, as attorneys for the Defendant in the above-captioned case. BUZGON DAVIS LAW OFFICES DATE: February 2, 2009 BY: SCOTT L. ;j BLE, ESQUIRE Attorney I.D 08 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042-0049 (717) 274-1421 (717) 274-1752 - facsimile Email: sgrenoble@,buzgondavis.com Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. BASILE, Plaintiff VS. STATE FARM INSURANCE, Defendant NO. 2009 - spa CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, being dily sworn according to law, depose and say that on February 2, 2009, I mailed to the Office of the Prothonotary of Cumberland County, the original PRAECIPE FOR ENTRY OF APPEARANCE and that I mailed, by First Class mail, in a postpaid envelope, a true and correct copy to Ralph E. Basile, 906 Hamilton Street, Carlisle, Pennsylvania 17013, Defendant. Sworn to and subscribed before me this 2"d day of February, A.D., 2009. JANVLLE kSVVMESTER AW*y M. L OV. 906W Pubk cw/ of Lebww. L.ebww cmw Cp11n1Nelep June 20.2011 . i ;;;xWde Aeeodetlon ar t?bfe Notary Publi W Ln 0 R i4t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. BASILE, Plaintiff vs. STATE FARM INSURANCE, Defendant ¦ Cor o@M items 1, 2, and 3. Af»o coiro to item 4 If Restricted DWKwy is desired. ¦ Prh?t your name and addreee on the reveres so that we can rtum the card to you. ¦ Attach this card to the back of the maims, or on the front if space permits. 1. Article AddAaseed h): 0 NO. 2009 - 556 CIVIL ACTION - LAW n! X B. Roow; by f !Y®r??e) c. Date of Delivery (;hQ (?OLJ2 z-lro q D. - de my addroee dlflerent m item 1? 0 Yes If Yes, enter deflvery address below: 0 No O la! o5:.,w 3. Spice Type Certffled Mall O Express Mail 0 Registered 0 Retum Receipt for Mwdrandise 0 hand Mall 0 C.O.D. 4. Reeblcted Delhreryl (Extra Fee) 0 Ybs 2. Main Number 7008 0500 0001 7183 0662 tlhrrrlYr Ilsnr service aben -- _ _ . _- ---- Ps F am 3811. Fd ury 2004 Domestlc Return Receipt tiarlsre ee re t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. BASILE, Plaintiff NO. 2009 - 556 VS. STATE FARM INSURANCE, Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, 17042, attorneys for Defendant, depose and say that on February 4, 2009, I mailed by Certified Mail No. 7008 0500 0001 7183 0662, Return Receipt Requested, Addressee Only, in a postpaid envelope, a copy of the NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT, filed on February 3, 2009, by Scott L. Grenoble, Esquire, of the law firm of Buzgon Davis Law Offices, to Magisterial District Justice Paul Correal, which NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT was received on February 6, 2009, as evidenced by the attached Return Receipt Card. Sworn to and subscribed before me this 10th day of February, A.D., 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seel Linda I.O'Nd. Notary Pub1c City Of Lebanon. Lebanon County My CWn ftsion E)Ores July 3.2011 Member, Pennsylvania Association of Notaries ?i ° C? ? .a r? . ? . ? ? ? -rt ?, ? ?, _ ,? -, µ6? 1 _ _' v ' , ? .?, tom} ? ?. ? i a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. BASILE, Plaintiff NO. 2009 - 556 Vs. STATE FARM INSURANCE, Defendant CIVIL ACTION - LAW gTornplee Items 1, 2, and 3. Also complete A. SItem 4 if ReetricW Delivery Is desired. ¦ Print your name and address on the reverse x dreeee. so that we can return the card to you. by (ftted Name C. ¦ Attach this card to the tack of the maiipiece, or on the front If space permits. ma la 2111 ()T D. Is delivery address dillsim from Poem I? Yee 1. Article Addressed to: H YES, enter delivery address below: 0 No a1 10 G? .?l 'iOU IL 3. Service, type G C?'r v, s r v- , 70 3 1 )9 Corned mop 0 Express man leterad 0 Retum Reoelpt for Mencharrdise o lna„red maii 0 C.O.D. 4. Restricted DeNvery? P" reel t] Yee 2. AftleNumbw 7008 0500 0001 7183 0655 P8 Foam 3611, Firruary 2004 Domestic Retum Receipt +asess?rsw •/.. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. BASILE, : Plaintiff NO. 2009 - 556 VS. STATE FARM INSURANCE, Defendant : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, 17042, attorneys for Defendant, depose and say that on February 4, 2009, I mailed by Certified Mail No. 7008 0500 0001 7183 0655, Return Receipt Requested, Addressee Only, in a postpaid envelope, a copy of the NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT, filed on February 3, 2009, by Scott L. Grenoble, Esquire, of the law firm of Buzgon Davis Law Offices, to Ralph E. Basile, the last known address of Plaintiff, which NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT was received on February 7, 2009, as evidenced by the attached Return Receipt Card. Sworn to and subscribed before me this 10th day of February, A.D., 2009. Notary Public ORTH OF PENNSYLVANIA larlal Seal m,Lef? Wxy Pubic m Eap M July 3 2011 , PR?nayivaMo AsaooleGon of NohNes ^? ? ^. ? ? .. ?' -?? `? ?..= c> .: tU .. ?m .:° ? ` 7 G! '< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. BASILE, Plaintiff vs. NO. 2009 - 556 CIVIL ACTION - LAW STATE FARM INSURANCE, J: f-idant PRAECIPE FOR JUDGMENT OF NON PROS TO THE PROTHONOTARY: Enter judgment in favor of the Defendant, State Farm Insurance, for Plaintiffs failure to file his Complaint within (20) days from the entry of a Rule to File Complaint. I hereby certify that written notice of my intention to file the within Praecipe was mailed and delivered to the Plaintiffs at least ten (10) days prior to the filing of this Praecipe; a copy of said written notice is attached hereto. BUZGON DAVIS LAW OFFICES n BY: Scott L. Grenoble, Esquire Attorney I.D. #72808 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Email: sgrenoble@buzgondavis.com Attorneys for Defendant Date: April 7, 2009 w ' Bi on.114 _ SCOTT L. GRENOBLE LAW OFFICES sgrenoble@buzgondavis.com April 7, 2009 VIA CERTIFIED RETURN RECEIPT Ralph E. Basile 906 Hamilton Street Carlisle, PA 17013 RE: SF Claim Number: 38-P907-007 State Farm Insured: Ralph E. Basile Date of Loss: July 28, 2008 Basile v. State Farm Insurance - Cumberland Co. #09-556 Dear Mr. Basile: Enclosed please find a Ten Day Notice. You have ten (10) days in which to file your Complaint or judgment will be entered against you. If you have any questions, please feel free to contact me. Very truly yours, SCOTT L SLG/jkw./ Enclosure PC: Carol Troxell (w/enc.) P.O. BOX 49, 525 SOUTH EIGHTH STREET, LEBANON, PA 17042 PHONE (717) 274-1421 / FAX (717) 274-1752 buzgondavis.com / sgrenoble@buzgondavis.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. BASILE, Plaintiff NO. 2009 - 556 vs. CIVIL ACTION - LAW STATE FARM INSURANCE, Defendant NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS TO: Ralph E. Basile, Plaintiff 906 Hamilton Street Carlisle, PA 17013 Date of Notice: Apri18, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A .1t)DGMFNI' MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A' REDUCED FEE OR NO FEE. Mid Penn Legal Services 401 E. Lauther Street Suite 103 Carlisle, PA 17013 (717) 243-9400 800-822-5288 BUZGON DAVIS LAW OFFICES BY: ?co . Grenoble, Esquire orney I.D. #72808 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Email: srenoble@buzgondavis.com Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH E. BASILE, Plaintiff NO. 2009 - 556 vs. CIVIL ACTION - LAW STATE FARM INSURANCE, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, being duly sworn according to law, depose and say that on April 29, 2009, I mailed to the Office of the Prothonotary of Cumberland County, the original PRAECIPE FOR JUDGMENT OF NON PROS and that I mailed, by First Class mail, in a postpaid envelope, a true and correct copy to Ralph E. Basile, 906 Hamilton Street, Carlisle, Pennsylvania 17013, Defendant. Sworn to and subscribed before me this 29th day of April, A.D., 2009. -a 167A, -j Uj" -,44 Notary P is COMMONWEALT_ H1 O P? NNSYLVANIA Notarial see, publie Amy Hartranft. Notary City of Lebanon. Lebban county My Commission EOMS pt. 19,2010 ation of Notaries Member, PennsYWania Assoc' FILE:^t = ; r {:;? OF THE P77 1""- TPv 2C0 9 AF'R 3v F?M 1'. 3 L'li?d 4t`? ?f r T I tt `?r•, 4I4.0o Pa aryl at* C101901 iJe? 1-1"d