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Home My WebLink About09-6416COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM DISTRICT JUSTICE COMMON PLEAS No. 0,7- ?,-/ 16 CTv,1 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 ?istrict Justice on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. Comfort Mechanical , LLC 09-3-01 Harold E. Bender ADDRESS OF APPELLWT CITY STATE ZF CODE 154 Lawrence Lane Carlisle PA 17013 DATE OF JUDGMENT IN THE CAM OF ^00M (D II' 9/1/09 Cumberland Valley Rental V. Comfort Mechanical, LLC. DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appep was Claimant (see Pa. R.C.P.D.J. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST SE' ILED within twenty SUPERSEDERS to the judgment for possession in this case. (20) days alter filing the NOTICE of APPEAL. Si ok-dRod-,Wry-Dp* 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 NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Cumberland Valley Rental appellee(s), to fide a Noma of spW"(s) (Common Pleas No. iJ % 6 yl6 G)y, f ) within twenty (20) days after service of rule or suffer entry of RULE: To Cumberland Valley Rental . appellee(s) Name of appeows) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after of this rule upon you by personal service or by certified or registered mad. (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: s , a50 , 20 ,99 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS AOPC 312-02 Hstdct Justice. IF in this appeal it of non pros. agsrlt t oratlomey or the date of service or OF APPEAL. WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE r^ • 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 ? by (certified) (registered) mail, sender's receipt attached hereto, (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 V) C\j c)- CV Cc Ly C1 V COMMONWEALTH OF PENNSYLVANIA rnl INTY nF• CO1D1=RI+»IID Mag. Dist. No.: 09-3-01 MDJ Name: Hon. EAROLD Z. SZIlIIDZR Address: 35 N ORANG= ST SSIPP=!IISSDRG, PA Telephone: (717) 532-7676 17257-0361 &TTORNZY DZY PRIVA?T= : DOUGLAS G. ZILLZR 6 0 N POIt>I!>aZT ST IRNIx & MCSUIGST CARLISL=, PA 17013 ill NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rC?? VALL=Y RIMAL 111 N XXW ST SBIPPMODURG, PA 17257 L vs. DEFENDANT: NAME and ADDRESS f-COIL>I'ORT 1w"MCAL, LW 154 LAXRZN = LIB CARLISL=, PA 17013 L Docket No.: CV-0000212-09 Date Filed: 7/31/09 THIS IS TO NOTIFY YOU THAT: IEOR PL ANTI" -9/01/0 f d - Judgment: gment) (Date o Ju Judgment was entered for: (Name) VALLW RMT" Judgment was entered against: (Name) COIIQ'ORT MZC8MCAL, LLC in the amount of $ 1.422.4 f J t A t d $ 1,341.43 gmen moun o u Defendants are jointly and severally liable. Judgment Costs $ 11111.00 Damages will be assessed on Date & Time Interest on Judgment Attorney Fees $ .00 $ .00 This case dismissed without prejudice. Total $ 1,422.43 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $' $ Post Judgment Costs F] Portion of Judgment for physical damages arising out of residential lease $ Certified Judgment Total $ I I ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, I THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCE S MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL STRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGME MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR P YS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. i+h 4K`i{?'?t tiEP l) i €1 .1 y OffiN & WK1 ]IGHT i Ali! OF !CFA Date District Jui I certify that this is a true and correct copy of the record of the proceedings containing the judgment.' Date My commission expires first Monday of January, 2012 , Magisterial District SEAL AOPC 315-07 DATE PRINT=Ds 9/01/09 10:06:00 AN t. rya l? T (~ , t/a I ? rT1 rr -T -? 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? t.?fYl he r-la r, ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served F a copy of the Notice of Appeal, Common Pleas 051. &?//o upon the District Justice designated therein on -2 4) 20 ? by personal Le Uile-by (certified) (r istered) mail, (date of service - se der's receipt attached hereto, and upon the appellee, (name f U k4j ?, on 20 0 I ? by personal service LZ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) M DAY AND SUBSCRIBED BEFORE ME THIS - DAY OF 20p,q_. Signature of affiant Signature of fficial before wh affidavit,As m e COMMONWEALTH OF PENNSYLVANIA Notarial Seal Martha L. Noel, Notary Public Title of official Carlisle Boro, Cumberlandcounty 11 My Commission Expires Sept. My commission expires on 20 Member. Pennsylvania Association of Notaries Postal Postal r9 (Domestic Only; No Insurance Cc -v -r -vt4od) ru (Domestic Only; No Insurance Cc -?sge "n fU For delivery information visit our website S .r For delivery Information visit our website a .T D(t - W irehime Comfort DGM {elareh me/Comfort= Fifes: . O Postage $ y n UNI T M Postage $ .o o FO 0 > o N UNIT,, Certified Fee F- S>, M M N Certified Fee F S? Return Receipt Fee P k p s P ?"rk C3 Endorsement Re ired) A ere Return Receipt Fee ip ere O ( q o f )1 O (Endorsement Required) t N Restricted Delivery Fee co Y C3 0 C3 Restricted Delivery Fee yCj r3 (Endorsement Required) N { O (Endorsement Required) N ? ? 'a CD CO i Total Postage & Fees O Z Total Postage & Fees O Q y ru Is C 2 I, ent To -75-5173- m K m C3 Cumberland Vallex Rent' 17- MDJ Harold E. Bender W ------ ---L.C:k a -------------- o M E3 Street, Apt No.; o 0 0 € p $`treef, Apt. No.; o o O t~ ort`FF'k' i st Ring St-------------------- eet °___Q ___ `-----------•` f? orP JJ' estOrang?__ tz7C e w ° o 1A ---- ------ City State, ZIP+4 City, State,-ZIP+4 Shippensburg, PA 17257 ShippensburB, PA 17257 CUMBERLAND VALLEY RENTAL, PLEAS Plaintiff PENNA. VS. : IN THE COURT OF COMMON OF CUMBERLAND COUNTY, : CIVIL ACTION LAW COMFORT MECHANICAL, LLC, Defendant NO. 09-6416 Civil Term PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please mark this case settled and discontinued. 11, q - 0y Date Defendant Colby A. . r , f r Plaintiff Director of Sales Cumberland Valley Rental 111 W. King Street Shippensburg, PA 17257 Douglas A. Mil er, Esq., for Comfort Mechanical, LLC Irwin & McKnight 60 W. Pomfret Street Carlisle, PA 17013 RED- FHGE OF THE of )T"C"NOT 2009 NOY --6 P 3= 26