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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 G -.D (? w r .p l?.r AV ut P+i M Can` '. Ul C L tU ZM R ?,, 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 L 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 ?? _r_. ; °, ?:' ? =?=A .:?;i =w'? 7 C'ra r? {;"? "? _- ':: . 4 ?? ?'?'