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HomeMy WebLinkAbout10-0302COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ?©a &4-111 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. &E .1 STATE ZIP CODE DOCKET No. sIGNAT APPEU.ANT OR ATTORNEY OR AGENT 44,411n/?y/ 4,P 13jEk 12? 8i??E ///icl1?EL IYdFC This block will be signed ONLY when this notation is required under Pa. 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 before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgnstum of Prothonotary or OapAy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appeligtnt 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 r Enter rule upon appellee(s), to file a complaint in this appeal • wane of appease(s) (Common Pleas No. /1) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ` Signature of app fient or attorney or agent RULE: To Zl/X'1Vz , appellee(s) -ff N of appease(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) It 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: 11 20 /t) /k- aSfeo t0 Signsi0e of P s or Dep* 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 (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 official before whom affidavit was made Title of official My commission expires on 20 Q INb n C 1 ` 0 Ca Signature of a/fiant r.%31 _Q a C- -0 =ir rV t,.a QCs -? 1 Him J M t COMMONWEALTH OF PENNSYLVANIA LOUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-01 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS fNEGLEYS WELL DRILLING 16199 CUMBERT-AM HWY NEWBURG, PA 17240 L J vs. DEFENDANT: NAME and ADDRESS rBRESKI, JOSEPH A, ET AL. 3916 BROOKRIDGE DR MECHANICSBURG, PA 17050 L J Docket No.: CV-0000308-09 Date Filed: 11/16/09 MDJ Name: Hon. HAROLD E. BENDER Address: 35 W ORANGE ST SHIPPENSBURG, PA Telephone: (717 ) 532-7676 17257-0361 JOSEPH A. BRESKI 3916 BROOKRIDGE DR MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) NEGLEYS WELL DRILLIN, G F Judgment was entered against: (Name) BRESKI, JOSEPH A in the amount of $ 1, 247.1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 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 $ 1,136.10 Judgment Costs $ 111.00 Interest on Judgment $ M Attorney Fees $ .00 Total $ 1,247.10 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 J I certify that this is a true and correct copy of the record of the proceedings containing the judgment. (Date of Judgment) 12/10/09 Date My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 12/10/09 , Magisterial District Judge 2:52:00 PM SEAL FILED-OHF-13E ?TARY OF THE P4LT?'""A1 2010 JAN 20 PM 2'. 5 l CUNT' 1NTY t' PIENNSYLVAO? 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 %",j444'? /mod ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ' a copy of the Notice of Appeal, Common Pleas o;z , upon the District Justice designated therein on (date of service) ? 20 j a , ?rby personal service ? by (certified) (re 'steed) mail, sender's receipt attached hereto, and upon the appellee, (name) Lt TX - ?I, ?, on Q1 166 20/0 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS a 0 DAY OF _ Z1`"v?n .201V Signature of official before whom affidavit was made Signature ofaffiant i 41o4ay Title of official My commission expires on ltv,-Sw of , 2016 COM ALl" ()pHENNSWANU NOTARIAL SEAL SI E R. FISHER, NOTARY MIX CARLISLE BOROUGH, CUMBERLAND COUNTY IMY COMMISSION EXPIRES NOVEMBER 26, 2012 RLED-Ott CIF THE PROTHMOTA€ Y 2010 FEB -4 PM 4: 14 ATTORNEY FOR PLAINTIFF CLAAB C OU'Ni Y PD `4MYU/ANMA NEGLEY'S WELL DRILLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 JOSEPH A. BRESKI, ET AL., : NO. 2010 - 302 CIVIL TERM Defendant PRAECIPE TO STRIKE APPEAL To the Prothonotary: Pursuant to District Justice Rule 1006, please strike the Appeal (copy attached) filed to the above term and number for failure of Joseph A. Breski to abide by District Justice Rule 1005(B) in not serving the notice of appeal or the rule to file a complaint upon the Appellee, Negley's Well Drilling, in accordance with District Justice Rule 1005(A). Please serve a time-stamped copy of this Praecipe upon Joseph A. Breski in the stamped, addressed envelope provided herewith. Respectfully submitted, Wolf, Wolf Date: February , 2010 BY: Stacy B. Y?blf, Esquire 10 West igh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Plaintiff February 4, 2010, Appeal stricken in accordance w th the abovepraecipe. David D. Buell, Prothonotary COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 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. -Z"f x A6? DOCKET No. SIGNA APPELLANT OR ATTORNEY OR AGENT /a y4, 13g 7 R4 &RE-73 This block will be signed ONLY when this notation is required under Pa., Af appelant was Claimant (see Pa. R.C.P.D.J. Alb. 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 Disbrkt Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE o(APPEAL. sy,,.a,. d P-0-W(-y -DSPWy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appel"t 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 appetlee(s), to file a com ppe 1'zo 2:.y plaint in this a al Enter rule upon ?rliem"6 Name or spp""(s) (Common Pleas No. ?L) ?? ©a 1 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. . f ` SlgnahnofappeHantorsnemsyaragsru RULE: To ? ?-2;-? ?//!/?• appellee(s) Naft Of app"WS) (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) It 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: // , 20 /d Sign of s or Dep+Ry YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT 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 )USTICE V PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED IMTHIN 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 oAicia/ before whom aBFdM was made Tide of ofrisial My commission expires on 20 Signature of atfiant W r\j 1, x -0 Lu M rr: Ztl c`n c rs 0 O -v sU w w -i yi =T m ALED-OrFICE OF THE PRC7P,^rt't}TARY 2010 JAN 20 PM 2' 51 CUM :.'N vim 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 l0 , upon the District Justice designated therein on (date of service) 20 t O ?by personal service ? by (certified) (registered) mail. sender's receipt attached hereto, and upon the appellee, (name) L? ,won ?? ,fly 20/0 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME u THIS 0 DAY F_, warn 201 Alc -e SigiW re of official before whom aKdevit was made Signature of atfiant o4ol Y Title of official My commission expires on," le, aA , 2016 BOLA NTH OR PENNMANIA NOTARIALSM ScYE R. , NOTASY p1MW CARLISLE SOROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES NOVEMBER 26, 2012