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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,