HomeMy WebLinkAbout09-0605r
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM z/r,,y/ln
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 00/. L G C.CY-mot 7z-
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.
IN THE CASE OF (Plalntil)
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.
Signature of Prothonotary or Deputy
va
was Claimant (see Pa. R.C.P.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.
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 LTN?m I ? F L appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. r? q (eb s Ct? 7U4,_ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To Lz Srn , [? L 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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: ?1, 20 p9 0,," , a _yYl?
n _ Signature ofRaaihenetefy or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT 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 W17"11V 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 ofaffiant
Signature of official before whom affidavit was made
Title of official
My commission expires on 20
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?,, NOTICE OF IVLGC N !T!R???t?UKIF I
OOMMONWEALTH OF PENNSYLVANIA
COUNTY Off: Gaff 09s-3-Oa » PLAINTIFF: ruins Ww ADDMS --1
Mae, Des No: rL8 ANIYS POND LSNCOLIit ZM:Q tY
W" No"* Hon. 1100 N 8T
LMpT0111 PA 17 0 4 3
Ad*gU-' 1981 STATX sT L VS.
Cf?[B ?• PA DEFENDANT: NAME and ADDRESS
17011-0000 T" 1?UL
Ta,p,wa: ('117) 761-0593
Zs ST
taNIprM, ft 17043
J
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SAL I= DELM i Docket No.: CP-0000417-Osi Saw= ss Filed: 12/01/08
sy?01M, PA 17043 Die
THIS iS TO NOTIFY YOU THAT: PLTP Date of Judgment) ,? 1/09j09
?. JUd9Mer.t:-
-
entered for: (Name) LS SMTS 702D L=WLN mmy
Judgment
,---
---
Judgment was entered against: a(5a . 3 y ?aDSLS>ie9
?' 143.99
in the amount of $ Amount of Judgment ? -----?41
L?_'' Defendants are jointly and severally liable. Judgment Costs on Judgment $
Attomey Fees $
i l Damages will be assessed on Date & Tim
LJ j a, 252 -11:
This r.Sa r?is rtiSSed °Nith4llt ,.raj;Js_'iCB. ! T otai
F7 Amount of Judgmeri :object to Attachmentl42 P&C.S. § 8127, Post Judgment Credits $ I
i Post Judgment Costs $? ,r
Portion of Judgment for physical damages arising out of Certlfled Judgment Total $
?--? residential !ease $.
THE RKiHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF EJUDGIME TB AILING NOTICE
ANY OF APPEAL PARTY WITH HAS THE PROT"ONOTARYiCLERK OF THE COURT OF COMMON PLEAS, CIVIL
APPEAL MUST INCLUDE THERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGMIEFA L ECISTAICT JUDGES, IF THE
EXCEPT AS AS O _ COURT OF COMMON PLEAS- ALL FURTHER PROCESS
JUDdME1i1 •HOLD tLECTS TO
COMMO PLEAS AND 140 FURTHER PROCESS MAY Be ISSUED BY THE Mi%GISIERIAL DISTRICT JUDGE.
JUDGMENT
THE
COME FROM THE CURT
MAY UNLESS THE JUDGMENT O IS E SF ACRED IN THE COURT OF TION WITH THE IIAAG SO?R?N iK$ fCTNUD(3E IF THE dUDGDMENT DEBTOR PAYS N FUL!.,
A REOUES
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Nl9aite?isiil District Judge
Date ,
i certilVihat this s a true and r cy' opy oijthq..re
t=:, ,? = Date
of proceed1p9s titi.,A;agiing 4he judgment:
3:?,'6agisteriel-jst-ict Judge
2012
My commission expires first Monday of January.
SEAL
AOQC 315,7
narR P'1 X31TW *- 1/09/09 4:09:00 PK
. ,-? "w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
L. B. SMITH FORD LINCOLN MERCURY,
Plaintiff
vs.
GENERAL REMODELERS,
Docket No. 09-605 Civil Term
Defendant
PRAECIPE TO STRIKE APPEAL
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that Defendant failed to serve the Notice of Appeal from the
magisterial district judge judgment and failed to file proof of service of copies of its Notice of
Appeal within ten (10) days in violation of Pa.R.C.P.M.D.J. No. 1005. Please mark Defendant's
appeal stricken from the record as a result of Defendant's failure to comply with
Pa.R.C.P.M.D.J. No. 1005, pursuant to Pa.R.C.P.M.D.J. No. 1006.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
3 /7-5- /zoo 5
Date:
361211
By: t----- 1
Michael J. C ssidy
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorney ID No. 82164
(Attorneys for L. B. Smith Ford Lincoln Mercury)
AND NOW, this 26th day of march, 2009, the appeal of the defendant,
r--PK RAT. RFNM1R..T.F.RS _ i S herebv stricken for failure to cmply with Rule 1005 (B).
PROTHo e
?V
CERTIFICATE OF SERVICE
AND NOW, this 25th day of March, 2009, the undersigned does herleby certify that he
did this date serve a copy of the foregoing document upon the other parties of record by causing
same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
General Remodelers
52 Market Street
Lemoyne, PA 17043
JOHNSON, DUFFIE, STEWART'& WEIDNER
Michael . Cassidy
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