The URL can be used to link to this page

Home My WebLink About04-2399CO~V~MONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9t~udicial District, CountyOf Cumberland NOTICE OF APPEAL NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~)t~--. .~.~ 9~I 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 the date and in the case referenced below. Kimberlv Reed 09-3-01 harold E. Bender ADDRESS OF APPELLANT CITY STATE O^T~D~t Creek ~{~A~EOF(Plainti~ Newburg (~re,d,,0'PA 177/'0 5/14/04 Anita Weaver vs Kimberly Reed DOCKET NO SIGNATURE OF PELLANT OR A~ORNEY OR AGENT cv_oooo o This block will be signed ONLY when this notation is required under Pa. If a Iai . No. 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. 1001(6) in ac before a District Justice, A COMPLAINT MUST BE FILED within twE (20) days after filing the NOTICE of APPEAL. PRAEClPE 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. NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Anita Weaver appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No./,,~ .,.,~,.~ ~? ~__.~.C.)I~., )within twenty (20)days after service of rule or suffer entry of judgment of non pros. , appellee(s) RULE: To Anita Wav (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 ser~ 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. YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILl: TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT COLNTY OF : ss AEFIOAVIT: hlreby(swear) (affrm) hat {ve a copy of the Notice of Appea, Commol Pleas No /deteofser¥,~ce) 2i~ ?] by pereonal service i~, ~ (certified (~egst~¢~ed ~a¢ 20 ['~ by persona! service (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE THIS DAY OF , 20 My commissio i expires on 20 AOPC 312A 02 ~MY 24 2004 I:SSPM HP LRSERJET 3200 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CI3~B~R..T.~h',ID 0~-3-01 IO~OV-D B. B~ID~R ~*'"~ 81 W~0T ~TT~ ~0~ P.O. ~X 361 SHIP~SB~G ,' ~A · ~{~17) ~32-~696 17257'0361 325 W.C~.EEK ~D NEWB~RG, PA 17240 '71'7-532-331~7 NOTICE OF JUDGMENT/TRANSCRIP CIVIL CASE rW~AV~R, ANITA 239 CLO%rgR VS. 325 W,C~EEK ~D N~'WBURG, PA 172~0 Docket Oat* F ed: 4/23/04 THiS !S TO NOTIFY VOL/THAT: Judgment; ~] Judgment was (Name) enlerecl /or: /'-~-] Judgmenl was against; (Name) erltered in the amounl of $ I, r;RR. nq [~ Oefendar~ts are jolnUy and severally liable. '""]Damages will be assessed on: ~'] Thls case dismissed without prejudice, i--'~ Amount o~ Judgment Surest to Attachment/42 Pa.C.S. § 8127 $ ~] Portion ol Judgment for physical damages arising out of residential lease $ (Dale of Judgment) (Date & Time) Amount of Judgm~n! :~' 1 · 53 5.09 Judgment Costs $ 71. O0 Interest on Judgment $ . O0 Attorney Fees $ .00 Total $ 1,586.09 Post Judgment Credits $ Post Judgment Coals $ Cart]tiaO JudDment Tolal $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 GAYS AFTER THE ENTRY OF -JUDGMENT gY FLUNG A NOTICE' OF APPEAL VRrTH THE ~=ROTHONOTARWCLERK OF THE COU~T OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A CO;=Y OF THI9 NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL, EXCEPT ASS OTHERW~,E PROVI(~ED I~ THE RULER OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCE5~ MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESR MAY gl**' ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, aNYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATIRFACTION WITH THE DISTRICT JURT1CE IF THE JUDGMENT DEBTOR PAYR IN FULL, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I cerlify (hat 1hie ts a true and correct copy of the record of ~e proceedings containing the judgment. Date . District JuslJCe My commission exDIres first Monday Df January, ~2006 . SEAL '- COMMONWEALTH OF PENNSYLVANIA ICOU~RT OF COMMON PLEAS ~t{l~diclal District, County Of Cumberland NOTICE OF APPEAL FROM DI?.TRICT JUSTICE JUDGMENT COMMON PLEAS No. ~)L.~ ._ ~ NOTICE OF APPEAL "-"T~-~-.~Y'~ Notice is given that the appellant has flied 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. MAG DIST NO. I NAME OF D.J NAME OF APPELLANT 09-3-01 harold E. Bender STATE ZIP CODE Kimberlv Reed ADDRESS OF APPELLANT 5/14/04 Anita Weaver CITY PA 17240 ~wh! I r ~ (Oe~ndant)' Kimberl~:~Reed -- SIGNATURE ~F pFl I ANT OR ATTORNEY OR AGENT CV-0000107 This block will be signed ONLY when this notation is required under Pa. if appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action 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. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APpEAL. PRAEClPE TO ENTER RULE TO FILE COMPLAIN'f 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 fo be served upon appellee. PRAEClPE: To Prothonotary Enter rule upon An~.t a Weaver appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ~ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. , appellee(s) ......... ~-rn~ o? ~'ppellee(s) (1) You are notified that a rul~ 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 orlby certi.fied or registered mail. (2) if you do not rite a complaiht withR~ this ti~e, a JUDGMENT OF NON PROS MA~.BE ENTERED AGAINST ~'OU~. (3) The date of service of this rule if service was by mail is the date of the mailing. YOU MUST INCLUDE A coPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS'NOTICE OF APPEAL. AOPC 312-02 COUIT FI~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This pr°°f of service MUST BE FiLED WlTHIN TEN (lO) DA YS AFTER fiting of the no~ice of ,~pp~,aL Check app/~cab/e boxe~ ! COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ;ss AFFIDAVIT: I hereby (swear) (affirm) that t served a copy of the Notice of Appeal, Common Pleas No, 04 - 2 3 9 9upon the District Justice designated the~em (date of serv~cc) June 1~ ,20 04 ' ~ by persoeat service [~ by(certfed)(registered)mail, sender's receipt attached hereto, and upon the appellee, Came) An i t a We ave ~ JLli:ie 1 ~ , 200~ [~ by personal service ~ by (certif;ed)(registered) sender's receipt attached hereto (SWORN) (AFFIRMED) AND ~;UBSCRiBED BEFORE ME THIS ,~¢1~ ..DAY O~F .,Jl~ , 20 oq John R. Ninosky My commission expires on Bom, Cumbe,and County MY Oo~mm~,on Expires Nov. ~ 2, 2006 lyncher, Per~n~ ~n Of No~es AOPC 312A - 02 Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant ANITA WEAVER, V. KIMBERLY REED, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2399 - CIVIL CIVIL ACTION - LAW PRAEClPE FOR ENTRY OF NON PROS TO THE PROTHONOTARY: 1. A Notice of Appeal from a District Justice Decision was served upon Plaintiff on June 1, 2004 and a Rule to File a Complaint was attached thereto. 2. That no Complaint was filed within the twenty (20) day period pursuant to the Rules of Civil Procedure. The undersigned hereby certifies that the Notice of Praecipe to Enter Judgment of Non Pros was mailed to the Plaintiff on June 29, 2004 and is attached hereto. It was sent pursuant to Pa. R.C.P. 237.4, 3. No Complaint has been filed. WHEREFORE, the Defendant respectfully requests that a non pros be entered against the Plaintiff. ATE: Johnson,.p.,uffie, Stewart & Weidner ay I.D. #: 78000 301 Market Street P.O. Box 109 Lemoyne, PA '17043-0109 Attorneys for Plaintiff 'Cf~i'MONWEALTH OF PENNSYLVANIA COURT ~)F COMMON PLEAS 9t~dicial District, County Of Cumberland NOTICE OF APPEAL FROM 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 referenced below. K±mberlv Reed 09-3-0~ harol8 '¢... Bender 5/14/04 I Anita Weaver CV-O000107 ~, Kzmbe_ i¥~ Reed If appellant was Claimant (see Pa. R.C.P.D:5-~o. ~0~(6~ action before a Dis~t Justice, A COMP~INT M~E FIL~ wit~ ~nty '..,: c (20) days a~er 'filing the NOTICE of APP~L.~:~ This block will be signed ONLY when this notation is reduired under Pa. R.C.P.D.J. No; 10DOB. This Notice of Appeal, when received by the Disbict Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appeflant 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 ruie upon RULE: To Ani~.a ~aver ~arne or appellee(S) Anita Weaver appellee(a), to file a complaint in this appeal Name of acpellee($) [;; ,.., (. ',,,ent',. , aya e,',er ,,.,,ce o, r,,ta o, a,,"er e,,t,',, Ot,',on pros. S;gnalure of a~Cant or attorney or egen , appellee(s) (1) You are notified that a rul~ 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 persona service or.by certi.fled or registered mail. ; (2) If you do not file a complaiht with~ this title, 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. YOU MUST INCLUDE A coF;Y OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-¢2 COU.T roLE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing of the notice of appeal. Checi( applicable boxes! COME~OFANEALTH OF PENNSYLVANIA COUNTYOF Cumberland ;ss AFFIDAVIT: I hereby (swear} (affirm) that I served (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ,..,~_r~ DAY OF ,J_.~ ,20 0,L/ a copy of the Notice of Appeal, Common Pleas No. 0 4 - 2 3 9 9upon the District J ustice designated therein on (date of service) .J'_M. De_~.~ ,20.0.4 ,_ ~} by persona/service [~ by (ceriitied) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Ani t a ~7~aver , on ~]J[l_e , ~. .... , 2~00_4. ...... [] by personal service ~ by (certified) (registered) mail, sender's receipt attacl3ed hereto. John R. blinosky My commission expires on ,2O AOPC 3~2A ~ 02 P~oma~38~.l,~u " tu03 2260 0000 126 JORNSON, DUFFIE, STEWART & WEIDNER A Profe~ional Corporation 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEB$1TE: www.jdsw.com HORACE A. JOHNSON F, LEE SHIPkL4N BBUCE J. GROSSMAN* OF COUNSEL TELEPHONE 717-761-~540 FACSIMILE 717-761~015 E~MAIL: mafl~jdsw.eom N~, ?vrk on?y WRITER'S EXT. NO. 140 June 29, 2004 Ms. Anita Weaver 239 Clover Hill Road Newburg, PA 17240 Re: Weaver v. Reed No. 04-2399 Civil Term Cumberland County Common Pleas Dear Ms. Weaver: Enclosed please find an Imporiant lO-day Notice, which I believe is self-explanatory. Very truly yours, JRN:mem Enclosure John R. Ninosky Johnson, Duffle, Stewart & Weidner l~y: John R. iNinosky, Esquire I.D, No. 7g000 301 Market St~-t P. O. Box 109 L~m0yne, Pennsylvania 17043-0109 (717) 761-4540 ANITA WEAVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-2399 - CIVIL KIMBERLY REED, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED IMPORTANT NOTICE TO: Anita Weaver 239 Clover Hill Road Newburg, PA 17240 Date of Notice: June 30, 2004 You :are in default because you have failed to file a Complaint in this case. Unless you act within ten (10) days from the date of this Notice, a Judgment may be entered against you without a hearing and you may lose your dght 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. Lawyer Referral Service Cumberland County Bar Associati~m 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 :221520. JOHNSON, DUFFLE, STEWART & WEIDNER Joh~R, Ninosky, Esquire Attorneys for Defendant, Reed CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the J '7 day of ,~j ,2004: Ms. Anita Weaver 239 Clover Hill Road Newburg, PA 17240 JOHNSON, DUFFLE, STEWART & WEIDNER :233959.1 P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 jm@jdsw.com Attorneys for Defendant 227181-1