HomeMy WebLinkAbout09-8185IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG HEATING,
Plaintiff/Appellee
V.
Civil Action - Law
No. Qq - 818t5 aivil7e-?rm
CHRIS BASEHORE, ;
Defendant/Appellant Hon.
CHRIS BASEHORE,
Civil Action - Law
Plaintiff/Appellant
V.
SHIPPENSBURG HEATING,
Defendant/Appellee
: No. Uq- 585 ivil Trvn
Hon.
PRAECIPE
To the Prothonotary:
Enclosed for filing please find two (2) Notices of Appeal from judgments entered by
District Justice Harold E. Bender in District Justice Case No. CV-292-09, as well as a check in
the amount of $78.25 to cover the filing fee. Please file these Notices of Appeal and return them
to me in the enclosed envelope for service upon the District Justice and the Appellee. Thank you
for your assistance with this matter, and please do not hesitate to contact me with any questions
or concerns this may cause.
Respectfully submitted,
Date: ?2 Y?o ) . '7?,
James M. Stein, Attorney for Appellant
Dick, Stein, Schemel, Wine & Frey, LLP
13 West Main Street, Suite 210
Waynesboro, Pennsylvania 17268
(717) 762-1160 PA Bar No. 84026
a
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
OF CUMBERLAND COUN'T'Y, PENNSYLVANIA
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
L I COMMON PLEAS No. 09-18186 /,'vi `Te-rrn
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 Dis-
trict Justice on the date and in the case mentioned below.
NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J.
Chris Basehore LQ_'2_n'1 T T __- ,.
ADDRESS OF APPELLANT CITY STATE ZIP CODE
589 Newburg Road, Shippensburg, PA 17257
November 16, 2009 IShippensburg Heating vs Chris Basehore
CV YEAR 292-09 u xis basenore VS SIGNATURE OF
LT YEAR V ELwt?{p ?f . `?
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 FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
gna re ro ono ary w epa
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.J.P. 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 Shippensburg Heating appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. 109- 8186 0-ki ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or his attorney or agent
RULE: To Shippensburg Heating , 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 WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: NDVL°C11beJ' cg's
, Year aOp9
Signature of Protho tary or Deputy
1096
White - Prothonotary Copy
Green - Court File Copy
Yellow - Appelant's Copy
Pink - Appellee Copy
Gold D. J. Copy
Proth. - 76
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 ss
AFFIDAVIT: I hereby swear or affirm that I served
® a copy of the Notice of Appeal, Common Fleas No. upon the District Justice designated therein on
(date of service) _- ___, year -,_ ? by personal service ®by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name on
yeai by personal service ® by (certified) (registered) mail, sender's receipt attached hereto.
and fur"her that I served the Rule to File a Complaint acco-nparrying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on year by personal service ®by (certified) (registered)
mail, sender's receipt attached heretc,
SWORN (AF=IRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF YEAR
Srcinature of Alfiant
Signature of oflic;af before whom aff4avit was r7a<ie
Title of ofk- wl
My commission expires on year
- -- *Xv
ft{?L°?j qc?i
Jltl? F;?f ?? SLR
1.1 :6 NV SZ AQZ
Ad1OWHIcdd 3Hi Jo
30W10-03113
COMMONWEALTH OF PENNSYLVANIA
CC)IJNTY C)F• CUMBERLAND
Mag. Dist. No.
09-3-01
MDJ Name: Hon.
HAROLD E. BENDER
Address: 35 W ORANGE ST
SHIPPENSBURG, PA
Telephone: (717 ) 532 - 7676 17257-0361
ATTORNEY DEF PRIVATE :
JAMES M. STEIN
13 W MAIN ST
DICK STEIN SCHEMEL ET AL
WAYNESBORO, PA 17268
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FSHIPP
ENSBURG HEATING
P. O. BOX 469
SHIPPENSBURG, PA 17257
L J
VS.
DEFENDANT: NAME and ADDRESS
F
BASHORE, CHRIS
589 NEWBURG ROAD
SHIPPENSBURG, PA 17257
L J
Docket No.: CV-0000292-09
Date Filed: 10/16/09
_ (Date of Judgment) 11/13/09
® Judgment was entered for:: (Name) SHIPPENSBURG HEATING,
?X Judgment was entered against: (Name
in the amount of $ 2,168.3
BASHORE, CHRIS
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
D Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease ?i
Amount of Judgment $ 2,071.87
Judgment Costs $ 96.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 2,168.37
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
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
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.
/ Date Magisterial District Judge
Fcertify 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 Judge
SEAL
AOPC 315-07
DATE PRINTED: 11/16/09 9:00:00 AM
f M
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-3-01
MDJ Name: Hon.
HAROLD E. BENDER
Address: 35 W ORANGE ST
SHIPPENSBURG, PA
Telephone. (7 17 5 3 2 - 7676 17257-0361
ATTORNEY FOR PLAINTIFF :
JAMES M. STEIN
13 W MAIN ST
DICK STEIN SCHEMEL ET AL
WAYNESBORO, PA 17268
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR DEFENDANT
® Judgment was entered for:
Judgment was entered against
in the amount of $
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rBASEHORE, CHRIS
591 NEWBURG RD
SHIPPENSBURG, PA 17257
L J
VS.
DEFENDANT: NAME and ADDRESS
rSHIPPENSBURG HEATING
P. O. BOX 469
SHIPPENSBURG, PA 17257
L J
Docket No.: CV-0000292-09
Date Filed: 11/06/09
CROSS COMPLAINT 001
_ (Date of Judgment) ==11 9
(Name) SHIPPENSBURG HEATING
(Name) BASEHORE, CHRIS
.0
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
F]This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ • Q0
Total $ .00
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
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
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.
Date ?7CLco-?c/ Magisterial District Judge
FIcertify 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 Judge
SEAL
AOPC 315-07
DATE PRINTED: 11/16/09 8:59:00 AM
11010,
IF w
" -Dv-b
David (D. Bueff
Prothonotary
Kirks. Sohonage, ESQ
Soricitor
knee Y, Simpson
IS` Deputy Prothonotary
Irene E. W orrm
2"d Deputy Prothonotary
Office of the Prothonotary
Cum berfand County, Pennsy(vania
OffbgkiacCIVILTERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 30T' DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P. 230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
nom,