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Home My WebLink About09-5974Commonwealth of Pennsylvania Court of Common Pleas Judicial District NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT Common Pleas No. 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 mentioned below. Name of Appellant I Mag. Dist. No. or Name of D.J. Fisher's Millwork, Inc. 09-1-02 Address of Appellant City State Zip Code 1575 West State Street, P.O. Bog 4 East Petersburg PA 17520 Date of Judgment 8/18/09 1In T?a?Felt;kgt-bompany Inc. Vs. Fisher's Aft ork Inc. Claim No. cv This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. If appellant was Claimant (see Pa.R.C.P.J.P. 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 FILEA COMPLAINT within twenty (20) days after filing his NOTICE OF APPEAL. Sionature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of the form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.J.P. No. 1001(7) in the 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 Lafferty S Colapany Inc. appellee(s) to file a complaint in this appeal Name Or Appelleets) (Common Pleas No. 09 -,o 7y(,VJJ ) within twenty (20) days after service of rule or suff r entry of judgment of non pros. Sign re of Appellant or His Attorney or Agent RULE: To Laffert & Comp an Inc. , appellee(s) ame o 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. (3) The date of service of this rule, if service was by mail, is the date of mailing. Date: 20 (?1?a,.? .-0??i Signature of Protho tary orl)eputy FROM of AppekgL r)His Attorney or Agent Court File / Court Proof of Service / Appellant's Copy / Appellee's Copy / District Justice COMMONWEALTH OF PENNSYLVANIA r`nl wTv nF• CD1_ZRL>I = Mag. Dist. No.: 09-1-02 MDJ Name: Hon. RONALD J. HO]!M= '"ckhess? 1901 ST7i1TH ST C]l1LP HILL, Pik Telephone: (717) 761-0583 17011 PISHM I S MILLWORK INC 1575 N STATE ST PO SOX 4 BAST PETE>R83=9, P1? 17520-1317 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rI,J?>Eromw alt cm0my INC 1100 EM30 L AVs LnioYIH, PA 17043-1742 L J vs. DEFENDANT: NAME and ADDRESS r-IFISM0 11; MILLWORK =C 1575 W STATE ST PO SOX 4 LEAST P371 0100-0 0, PA 17520-1317 J Docket No.: CV-0000224-09 Date Filed: 7/08/09 MOM THIS IS TO NOTIFY YOU THAT: D=%0LT--JV1X9[=- PLTl. ----(Date of Judgment}- 8/_18/09 _- Judgment: ® Judgment was entered for: (Name) >LafflymEz 6 Vum"T" ® Judgment was entered against: (Name) 71' 18 MILLWORK INC in the amount of $ 2.463.0 F1 Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time -- This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment142 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2,366.52 Judgment Costs $ 0 Interest on Judgment $ .00 Attorney Fees $ .00 l Total $ 2,463.02 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 ?c r I HE k/R3T 9F RACES$-NR°'-Y -- 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, ANYONE 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. t -0 Date Magisten? District Judge I certify that this is a true and correct copy f the record of the proceedings contsoling the judgment.. Date Magisterial District Judge 2012 SEAL My commission expires first Monday of January, Ffl.F?-?r??l E F THE P-+_., k.... 2009 SEP - I All 10: 2 9 CUPv? >4: -s.. . U ZY f`1 D51:ay r I ?..) t 44 2?: a3oos.5? 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 County of Cumberland ; ss AFFIDAVIT: 1 hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. 2009-05974 upon District Justice designnated therein on (date of service) 9/2/09 , 20 ? by personal service ® by certified/registered mail, sender's receipt attached hereto, and upon the appellee, (name) Lafferty & Company, Inc. , on 9/2/09 , 20 ? by personal service ® by certified/registered mail, sender's receipt attached hereto. 19 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 9/2/09 , 20 ? by personal service [it by certified/registered mail, sender's receipt attached hereto. SWORN F I MED) AND SUBSCRIBED BEFORE ME THIS w/ DAY OF 200 67 P--14? Signature of Affiant v' -Signature of Offiofal Kefore Whom Affidavit was made Title of Official My Commission Expires on _ o/ 14h If 1;23 20 COMMONWEALTH OF PENNSYLVANIA eal Notary Public caster County [My s June 23, 2011 Member, Pennsylvania Association of Nota ries m (Domestic OnIY; No Insu rance Coverage Provided) Er LrI For delivery information visit our website at www.uspsxom?, r , USE M . r=I ra Postage $ C3 Certified Fee . 8 O ? C3 Return Receipt Fee Postmark Here M (Endorsement Required) a , C3 Restricted Delivery Fee Q I3 (Endorsement Required) Co O Total Postage & Fees LLLL $ 5 -S T File 25722 O Ir Re Hon. Ronald J. Horner, MDJ M - - - rreet or Poso,,xNo 1901 State o - -- --------- Street . . -------------------------- --------------------------------------------- cry, ware, ziP+a Camp Hill, PA 17011 .11 ? (Domestic Mail Onl y; No Insurance Coverage Provided) LrI informatio For deliver n visit our website at www us s com y . p . ,, m a rq Postage $ . q q O Certified Fee ?S ?S 1 C3 Return Receipt Fee (Endorsement Required) Postmark Here p? I 4 , b Restdcted Delivery Fee - 1 a ` l r3 (Endorsement Required) Co File 25722 O Total Postage & Fees S -S O Q•• Sent To Lafferty fi Company, Inc. C3 E3 Sbeet, Apt. No.: or pogo,, w 1100 Hummel Avenue . ----------------------------- --------------------------------------------------------- City,srete,ziP+4Lemoyne, PA 17043 PS Form :3800, Augu?t 260G .,for Instructions RLED--OFFI/?CE[ OF THE PrI 10.11YIDTARY 2009 SEP -9 PM 12: 3 5 LUUNTY PENNSYLVANIA 4 HARTMAN UNDERHILL & BRUBAKER LLP By: Robert W. Pontz, Esquire Attorney I.D. No. 56554 221 East Chestnut Street Attorneys for Defendant/Appellant: Lancaster, PA 17602 Fisher's Millwork, Inc. (717) 299-7254/(717) 299-3160 (Fax) LAFFERTY & COMPANY INC., Plaintiff V. FISHER'S MILLWORK, INC. Defendant PRAECIPE TO ENTER JUDGMENT OF NON PROS To the Prothonotary: Please enter a judgment of non pros against the Plaintiff, Lafferty & Company, Inc., for its failure to file a Complaint within twenty (20) days of the date of service of the Notice of Appeal in this proceeding. Proof of Service of Notice of Appeal and Rule to File Complaint was previously filed with the Court on September 9, 2009. The undersigned hereby certifies that on October 1, 2009, which was after the default occurred and at least ten days prior to the filing hereof, notice of Plaintiff's intention to file this Praecipe to Enter Judgment of Non Pros was mailed to the Defendant as, required by Pa. R.C.P. 237.1. A true and correct copy of said notice is attached hereto and marked Exhibit A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : No. 09-05974 (Civil) HARTMAN UNDERHILL & BRUBAKER LLP By: Robert W. Pont Esquire AND NOW, this J44 day of 60,f , 2009, judgment of non pros is entered as above directed. Pr thonotary 00562866.1 ,, L w (-X4 ,b; f- A- HARTMAN UNDERHILL & BRUBAKER LLP ATTORNEYS AT LAW ANDREW F. LUCARELLI WILLIAM C. McCARTY ALEXANDER HENDERSON, III ROBERT M. FRANKHOUSER, JR. THOMAS W. BERGEN MICHAEL W. BASIC MARK STANLEY MARK E. LOVETT KEVIN M. FRENCH JOSHUA D. COHEN KIM R. SMITH STACEY L. MORGAN RORY O. CONNAUGHTON JEFFREY C. GOSS JOHN A. MATEYAK THEODORE L.BRUBAKER ROBERT W. PONTZ BRETT D. JACKSON JEFFREY P. OUELLET WILLIAM J. ZEE, III DANA C. PANAGOPOULOS MICHELLE L. GROLEAU 221 EAST CHESTNUT STREET LANCASTER, PENNSYLVANIA 17602-2782 (717) 299-7284 FAX (717) 299-3160 Web Site: www.hublaw.com Direct E-Mail: bobp(ftublaw.com October 1, 2009 COUNSEL CHRISTOPHER S. UNDERHILL MARK L. JAMES JOHN I. HARTMAN, JR. (1919-2000) THEODORE L.BRUBAKER (1911-2002) GEORGE T. BRUB?4KER (1942-.2006) HARRY ST. C. GARMAN (1948-2006) Lafferty & Company, Inc. 1100 Hummel Avenue Lemoyne, PA 17043 Re: Lafferty & Company, Inc. v. Fisher's Millwork, Inc. MDJ Docket No. CV-224-09 C. P. Cumberland County. PA Docket No. 09-5974 Civil To whom it may concern: We represent Defendant/Appellant Fisher's Millwork, Inc. in the above-captioned appeal from the judgment of Magisterial District Judge Horner. We enclose and hereby serve you with our client's Notice of intent to enter judgment of non pros. Please govern yourselves accordingly. Very truly yours, P4 C\, r, J P Robert W. Pontz RWP/ald/o0562045.wpd Enclosure cc (w/encl.): Ms. Cynthia Landis HARTMAN UNDERHILL & BRUBAKER LLP By: Robert W. Pontz, Esquire Attorney I.D. No. 56554 221 East Chestnut Street Attorneys for Defendant/Appellant: Lancaster, PA 17602 Fisher's Millwork, Inc. (717) 299-7254/(717) 299-3160 (Fax) LAFFERTY & COMPANY INC., Plaintiff/Appellee V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 09-05974 (Civil) FISHER'S MILLWORK, INC. Defendant/Appellant To: Lafferty & Company Inc. Date of Notice: October 1, 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 JUDGMENT 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 (800) 990-9108 HARTMAN UNDERHILL & BRUBAKER LLP Attorneys for Defendant/Appellant By: Robert W. Pon squire 00562038.1 ALEU--C)FIR, CE OF THE €',` "r-\joTARY 2009 OCT 14 Pty 12: 33 CU ti, t *14,00 Pry Am U;v 550(03 12X° a3aoa8 Nohee, i?.lua.le.? Office of the Prothonotary of COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOTICE OF ENTRY OF JUDGMENT LAFFERTY $ COMPANY, INC., Plaintiff/s V. FISHER'S MILLWORK, INC., Defendant/s. No. 09-05974 (Civil) Pursuant to requirements of Penna. Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case:- 0 Judgment of $ , for Plaintiff/s and against Defendant/s. ® Judgment of Non Pros for Defendant/s and against Plaintiff/s. ? Order or Decree in favor of Dated: o /µ to _ PROTHONOTARY To: Lafferty & Company, Inc. 1101 Hummel Avenue Lemoyne, PA 17043 00562889.1