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Home My WebLink About10-0256UI' rtNNSTLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT I I COMMON PLEAS No.Q/ - a S el,;?d 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. a 1 ;?- 1-0 5 Ve This block will be signed ONLY when this notation is required under Pa. 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. If appellant was at8- before a Distnct Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Sowtum of Pmdxh otay or Dspury 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary .f? Enter rule upon R nL. rT ? + U1 appellee(s), to file a complaint in this appeal Name of appellee(s) V (Common Pleas No. D, (??) within twenty (20) days after service of rule or suffer entry of judgment of non pros. R O` e ^.}. vs +-on Signature of a t or effiom4 or ageN RULE: To C + ?, appellee(s) Name of appepee(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 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: - g .20/0 ure ofP ry or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT)TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 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 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (1 o) 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 official before whom affidavit was made ills of official My commission expires on 20 Signature ofaffiant \. \ C-) C 'L7 A t ! r 1 . L Syr y F. OD ro W n C.l? COMMONWEALTH OF PENNSYLVANIA rnt KITv nF• CUMBERLAND Mag. Dist. No.: 09-2-01 MDJ Name: Hon. PAULA P. CORREAL Address: 2260 SPRING RD SUITE #3 CARLISLE, PA Telephone: (717 ) 218-5250 17013-0000 JOHN D. MCCARTNEY 1456 SHUGHART RD CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS [-HUSTON, ROBERT G 10 MOONGALE DR. CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS rMCCARTNEY, JOHN D 1456 SHUGHART RD CARLISLE, PA 17013 L -I Docket No.: CV-0000210-09 Date Filed: 10/30/09 9s M THIS IS TO NOTIFY YOU THAT: 12/09/09 Judgment: FOR PLAINTIFF (Date of Judgment) ® Judgment was entered for: (Name) HUSTON, ROBERT G Judgment was entered against: (Name) MCCARTNEY, JOHN D in the amount of $ 3,098.9!) Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time F1 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 $ 3,002.45 Judgment Costs $ 96.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,098-95 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 JUDGMENTIN 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. s Date - I certify that this is a true andcor?re C, Date copy.of My commission expires first Monday of January, AOPC 315-07 2012 DATE PRINTED: 12/09/09 the proceed f gs co 1:22:00 PY Magisterial District Judge ntainl the judgment. Magisterial District Judge- SEAL .@ !rl FIRM C(MtLIS PA'17 13 y THE rAR`? FTf-N co L _. r`- Postage 0 Certified Fee j rl C3 Return Receipt Fee 0 (Endorsement Required) C3 Restricted Delivery Fee p (Endorsement Required) ru cO Total Postage & Fees 2010 JAN 19 Fill 12: 5 3 ri'a'\L?i'?Fdr$4 jjk4 52.an ? , 54.4 SQ.nO ?i08 .24 ? 41 410 Lr [Sentetf, To o _ ___ p Apt No.: r\.- O Box No. siaie, !- 4 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 f. ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas 7oJo ZX6 , upon the District Justice designated therein on (date of service) . Q , 20 I 0 , by personal service ? by (certified) (registered) mail, sender's receipt attached ereto, and upon the appellee, (name) kobe^+ on 20 Iv ? by personal service by (certified) (registered) mail, sender's eceipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ I _ DAY OF 3w.v9y.&_ 20-0 . Signature of p0datattbbeforee whom affidavit was made Tifie of official My commission expires on 20 % -,'-4 Signature Ofaffiant / PPS L ? ? 7S .,? Oar r. ROBERT G. HUSTON, Plaintiff V. JOHN D. McCARTNEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10-256 CIVIL ACTION - LAW DOCKET NO. 10-256 CIVIL Jury Trial Demanded NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days 20 days after this complaint and notice are served, by entering a written appearance a personally or by attorney and filing in wiring with the court your defense or objections in the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose none money property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717 249 3166 ROBERT G. HUSTON, : IN THE COURT OF COMMON PLEAS Plainfiff : CUMBERLAND COUNTY, : PENNSYLVANIA V :DOCKET NO. A0 ° ?? CUB JOHN D. McCARTNEY, Defendant CIVIL ACTION COMPLAINT Robert G. Huston by and through his attorney John H. Broujos avers the following: 1. Plaintiff is Robert G. Huston, an adult individual residing at 10 Moongale Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is John D. McCartney, an adult individual residing at 1456 Shughart Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about April 18, 2007, Plaintiff was the owner of a Honda motorcycle. Defendant and Plaintiff signed a Note, providing for the sale of Honda motorcycle, the Note being effective on April 18, 2007. Both parties signed the Note. 4. In consideration of the Note Defendant signed the Note at the cost of $3,297. 5. Defendant signed the Note for the full sum, under the terms that the sum of $3,297 was payable at the $100 per month at 12.99% interest, commencing on May 18, 2007. This being paid monthly until paid in full. 6. The Note was signed by Plaintiff and Defendant. 7. Plaintiff incurred expenses to enforce any provisions of this Note including reasonable attorney's fees, under the terms of the Note'-Ae` Defendant 1 fed to pay expenses and reasonable attorney's fees. ` -' %? 8. Defendant made payments for a period of time from May 2007, as set forth in document attached hereto and made a part hereof. 9. A document indicated that there were new front and rear tires installed on the motorcycle. 10. Plaintiff desires interest and benefits and the balance of the principal and interest as more fully set forth in the Complaint. Date: January _, 2010 Jolyn H: Broujos,`Esquire orth Hanover Street Carlisle, Pennsylvania 17013 717-243-4574 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. -?? - ? ROBERT G. H STON EXHIBIT A .. 1 "'Y Note of John D. McCartney and Robert G. Huston t This note is effective on theA?L day of l iL_ , 20 The signer of this note is " • r? i.??;? r? ?` whose address is 111,f L-t ? w i,_ phone z ? .?h hereafter be referred to as signer. The "holder" of the note is Robert G Huston, 10 Moongale Dr, Carlisle, PA 17013, phone (717) 960-9339, who shall hereafter be referred to as holder. In consideration of the holder of this note loaning the signer the sum of $3 6 7 `ttceipt of which is hereby acknowledged, the signers of this note jointly and separately promise to pay the holder the sum of $ 3141terest on the following terms 3 Z ? -1 @$1 u fper month ate Z Ci% interest beginning on ` •i and continuing monthly until balance is $0> The partiles do not intend this note to obligate the signer of this note to pay any money in excess of the legal rate of interest allowed by the laws of the state of Pennsylvania. If the signer does not "pay any" money in excess of the legal rate of interest allowed by the laws of the state of Pennsylvania the holder shall apply such excess money to reduce the principal amount the signer owes the holder the signer of this note waives demand, presentment for payment, protest, notice of protest and notice of non-payment, and agrees that since time is of the essence, if any payment under note is not paid when due, the holder shall have the right to accelete and immediately due and payable the entire unpaid balance of principal and interest. If the holder of this note incurs any expenses to enforce any provision of this note, including reasonable attorney's fees, either before or after a lawsuit is begun to enforce this note, the signer of this note agrees to pay the holder's expenses and reasonable attorney's fees, including any attorney's fees at trial and on appeal of any such action. Signed this 1I'. day opf _; 0 u 7 f Holder--__ -- / Signer Co-signer Certified Mail 1.19.10 EXHIBIT B E w n o r- OC?fYO ••Z ??°-? CL.-CLIMCCOJ N V) EL ~ _ C Z Q ?+ -1 0 Cn C w V ? O N ? O O q w . ? p ? C m ? ru Ln r- tt; i ?lJ Jl ? i poll, all $i?-a Dow -? _ ? - ?! 1.. gi I- -J4-G: ? -. ? 16 I 4 ( 30rl ^ I ? i??- -gip.. ,• ? __ ?'6 ?Q- Ch Op C-A 1, 1016 9 :1 -f 63 e v, CA P t t ?I l i v ?Z fl I 14 - ----- - r TD Ir r i - t I II i I ? zv I -- --- - - { 2! 1 ;- , 22 2 1 2.1 25 i '.. ?. 29 1 3r_ I ! i 3" { art cU David-D. BuelC Renee K, Simpson cProthonotary fir:" 1S` Deputy(Prothonotary hr irks. Sohonage, ESQ Irene E. W orrow Solicitor 1750 2nd Deputy Prothonotary Office of the Prothonotary Cum6erCaniCounty, Pennsylvania �Q. — 6.2„61, CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,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 One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • "Fa.�(717)240-6573