HomeMy WebLinkAbout01-6998C ~OMMON~MEALTH OF PENNSYLVANIA
NOTICE OF APPEAL
COURT OF COMMON PLEAS FRC~
JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common P~eas an appeal from the judgment rendered by the District Justice o~ the
do~ and in the case mentianed below.
Linda Ewing 09-2-01/D.J. Correal
19 West South Street, Suite 3 Carlisle PA
2/lO/Ol
Jeremy and Lauren Souder ~ Linda/~wing
CVX~0000379-01
~19
17013
This black will be signed ONLY when this notation is required under Pa. R.CJ>.J.P. N~
1008&
This Notice of Appeal, when received by the District Justice, wilt operate as a
SUPERSEDEAS to the j~Jgmant for possession in this cas~
Signature of Prothonotary or Deputy
ff appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
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, de~ach from copy of notice of appeal to be sen/ed up(~ appellee).
PRAECIPE: To Prothanota~y
Enter rule upon Jeremy and Lauren Souder , oppdlee(s), to file a comp~im in ~ appeal
(Common Pleas No. ~)!" /-~;?¢ -- )within twenty (20)doys ,~;/./,./.vice f judgment of non pros;
RULE: To J'eremy and Lauren $ouder ,oppalee(s).
(1) You are notified that a rule is hereby entered upon you to filea complaint in this appeal within twenty (20) days after the date of
service of this role upon you by personal service or by certified or r~maiL
(2) If you do not file a complaint within this time, a JUDGN~NT OF NON PROS W1LL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
AO~C 312-84
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICEOF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This p~'oof of servioe 'f,4US~':~E FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check. app~tlcable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; sa
AFFIDAVIT: ~ hereby swear orafflr~tflat~l served
[] a copy of the Not,ce of ,~/)al;/C0qt~nor~ ~.PI~ ~1~. ~L , upon the District Justice'~i~.slg,~ated therein on
(date of service) ' ? '" i ,19 "'~ ' [] by personal service [~ by (ce~iflecl) ~(regi~e~ed) mail~ sender's
rece~p~ attached hereto, ~hd upol~'the appellee, (name) ..... )' ,d *~'. , on
,19 _ I~ by personal service [] by (certified) (registered) :mail, se.nder's receip!*attached hereto.
[] and further that I ser¥pd ~Rule to FiJe a Corn plaint accompanying the above Notice of Appeal upoo the appellee(s) to.whom
the Rule was addressed pn ., 19 [] by personal service [] by (certified) (registered)
mail, sender's rec~l pt-attached hete~:.
SWORN (AFFIRMED) AND SUBSCRIBED .BEFORE ME
THIS DA~ oF ~ Fj~ C~.-,~ ~'~,.;~:
19'
SJgnatl.(~ oJ~ affiant
Signature of official before whom affidavit was made
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Oist, NO:
09-2-01
DJ Name: Hon
Addr.ss: i COURTHOUSE SQUARE
CARLISLE, PA
(717) 240'6564 17013-0000
ATTORNEY DEF PRIVATE :
DAVID A. BARIC, ESQ.
17 .WEST SOUTH ST
CARLISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
I-SOU'DER, JEREMY a LAUREN -I
410 HEISEY ROAD
MECF. A_NICSBURG, PA 17055
VS.
DEFENDANT: NAME and ADDRESS
FEWING, LINDA -~
19 W. SOUTH STREET
CARLISLE CATERING-SUITE 3
~2tRLISLE, PA 17013 j
Docket No.: CV-0000379-01
Date Filed: 10/22/01
~'HIS IS TO NOTIFY YOU THAT:
Judgment:
~ Judgment was entered for: (Name)
~] Judgment was entered against: (Name)
in the amount of $ 4, ~'~ - RD. on:
r--]Defendants are jointly and severally liable.
r--] Damages will be assessed on:
~--] This case dismissed without prejudice.
--]Amount of Judgment Subject to Attachment/Act 5 of 1996 $
F--] Levy is stayed for days or ~] generally stayed.
~-~ Objection to levy has been filed and hearing will be held:
DEFAULT JUD~M~9~P PLTF
(Date of Judgment)
(Date & Time)
Amount of Judgment $ 4,414.34
Judgment Costs $ 116.18
Interest on Judgment $ .00
Attorney Fees $ o 00
Total $ ~530.52
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total
Date:
Time:
Place:
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
12/10/01 Date ,,, <~'7:~x"- _~~.~.~, ~'"~-~///~
, District Justice
certify that this is a true and cory, e/ct copy of the reqo'~d of (i~eprbceeding'~ cont'aining the judgment.'
~2/t0/0t Date ,/ / ~,;'::;' /'?' ~.~, ,,.~A, .~DistrictJusticel
My commission expires'~irst Monday of January, 2006 ~ ~EA~L
AOPC 315-99 ~ ~¢ ~"~ '"
COMMONWEALTH OF PENNSYLVANIA
COURT OF C~-M~PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
CO'"MO,,L,A,..
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 Dish-id Justice on the
~n~ ~u~g J G~2~i/D.J. C~rea&
NeEt South Street, Su~te 3 Carlisle PA 1~3
12/10/01 Jeremy and Lauren Souder ~ Linda/~ving
cv ~0000399-0~
LT 19 ' '
I ~8~
~'~fi~ of A~af, ~n ~ ~ ~trid Justice, wa ~ ~ a
~R~AS ~ t~ j~ ~ ~ in ~ ~
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
lO01 ( 6 ) in action before D~ Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signature of Prothono~'¥ or Deputy
~ P. RAECIPE TO~'ENTEI~tU_L~ TO FILE COMPLAINT AND RULE TO' FILi "'
(7'1~ sectional lorm ~o ~ ~ ~LY w~ ~11~ ~ ~FEN~NT (~ ~. ~.CPJ, P. No. ~(7) in ~ti~ ~fore Dis~i~ ~tice.
IF ~T USED, ~h ~ c~y ~ n¢ce of ~1 ~ ~ ~ u~ ~11~). .,
PRAECIPE: To ~ry
E~mle~ Jeteey and Lauren Souder ,~s),~Gc~~
RULE~ To ~eremy and Lauren Scarier ,~s).
(1) You am notified that a rde is hereby eflteeed upon you to file a complaint in this appeal within twenty (20) days of't~ the date of
se~ce of this rde upon you by personaLservice or by cen'ified or registered mail
(2) If you do not file ~comp~nt within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service'of this-rule if service was by mail is the date of mailing.
COURT FILF
7099 3400 0016 4996 3037 -' 7099 3400 0018 4996 3020
ereJn on
,:A*,5 ~'~,~:a~ ,[~?c~rr~fC~lJ~,R~!e~o F'.~h~,a ~omplaint accompanying t~~~,~s~e~om.
theRule,w~qdre~Q e~emDe~ ~3~ 200~ ,~ ~bypersona servce~by cer[fied ~
mail, sender s receipt attached hereto. ]
HIS ..... .. , __ ~ ~
,. ,~ ~:. ~ :,r; ~ ~ ¢ ~ ~ss on Ex9 es Nov. 29, ~.003 j
JEREMY and LAUREN SOUDER
Plaintiffs
LINDA EWING and
CARLISLE CATERING,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6998 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO ENTER JUDGMENT OF NON PROS
1. On December 13,2001 a Rule To File was entered against the Plaintiffs. Copies
of the Rule To File, Proof of Service and certified mail receipts are attached hereto as Exhibit
2. On January 4, 2002 Default Notices were mailed to the Plaintiffs. Copies of the
Notices and Certificates of Mailing are attached hereto as Exhibit "B."
3. No Complaint has been filed by Plaintiffs.
WHEREFORE, Defendants, Linda Ewing and Carlisle Catering move for a judgment of
non pros in this matter.
Respectfully submitted,
O'BRIEN, BARIC ~R
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dirditigation/ewing/souder/nonpros.pra
COMMON~VEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is ~ that the a~dlant has filed in the above Court of Common Pleas an appeal from the judgment reedemd by the District Justice on the
19 Nest South~treet,' Suite 3 Ca.Z/aLe
CV'--0000379-01 .... /_~/,~ . /// / ~,,..
Th~ ~,ocE wfilbe ~gned_~[~¥;~'~r~t~1~nototion Ise.qured un<~' P~ R.CJUJ~.N~i Ifnnn~llantwasCLAIMAIV'CfseeJS~ ~r~p./~ ~/,~
Th~ Notice 6f ~1, wheh recewea b~sfrld -J~stke. wll ope~o~ as a ~0~1,(-6) in actio~/~efore D~st[ict41u~ice, he MUST
-SUPERrC..DEAS to the~i~lgmehr,'or ¢osse~Co~','h'this cas~' ..- ~ :.~::~.~?,-: - · ~FiL~'~A~bdMPL~INT within' tC/ehf~ ? 20~ days after
",.. - s:~a~r~o~P~,~ty
..~,4tP, Ii[CIP[ tO~EN['r]ER'ltUti tO Fire COMPLAINT &N~,'; ILE"[I) FILE
(This'~ctloo'cof ;f~tTn to be used ONLY when appellant was DEFENDANT (see Pa. R.O.P~I.P. No. ~00~ (7 ) in aclien b, efore D/strict Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee). ,.,
PRAECIPE= To Prothonotary ~.~ ~s,~ .~ ~, · ~ , .~ ,, .
Enter rub upon Jeremy and Laturen Souder ...........
RULE: To Jeremy and Lauren Souder ,~lee(s).
~ o~ a~oel~fs)
(I) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days ,afted the da~ 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. ""
(3) The date of service of this rule if service was by mail is the dale of mailing.
EXHIBIT "A"
APPFI I ANT'S COPY
"" . ' ~.. ~ ,~ , ~ .eH ~AiJq HOMMO:)
.IA]qqA :10
(~f ~T'~E-FILE~ WITHIN TEN (10) DA YS AFTER hhng the flohce of appeal Chec~,a~pt ~bJe bpxe~)
C~q~WEALTHOFPE~YLVANIA ~a~S~ [ ~Z~ ~ ,,~UO~ ~. ~:
_ . ~' ~. ~ .-j ~1~699n .t0-~?E0000~y~
~ a copy of the Notice of~p~al~C~o~ ~ T ~ , upon me Uis[nct dust~c~s~'nated theretn on
...... f~teof~erwce) ~ecem~e~_ ~3;,19~:~ b~ p~rsopatservt6e--- ~-(cert~fied~mmlrseRder.~
~.,, ,,', .~[ ,~~)~B~0er~n~t ~rv~ bY (cert'f'ed) ~ mad,.s~nde[ ~ r~'~t attac~,~.,~e[~. ~
~ ~ ,.~.~qd fu~he~th~tl s~,~ ~Bpl~ [o~ilea~omplaint accompanying theaboW ~oticepfAppealu~appellee(s)to.bom
~h'e'.uie:~s~ddces;~d~q?eoe~¢~ 13, 200~ ~ ~bypersonalservice~by(certfed)(regstered)
mail, sender s receipt attached hereto. J
My ~ommJ~,on expires on, ~' ~*t~ ,.~ ~.,:.~_~, ~-, , ~::
~ J~mfer 9. L~dsay, Nota~ Public
, ~ CafliS]9 Boro,~ Cumb~d~hdCou?,'
: 7--~ ~7~ T ~ ~,,z~7 ~ J,~Comm~s ~mE~plra~Nov;29 z 0
Return Receipt Fee
· o,.,.o.,...R.o. $
JEREMY and LAUREN SOUDER
Plaintiffs
LINDA EWING and
CARLISLE CATERING,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001~6998 CIVIL TERM
CIVIL ACTION-LAW
To:
Jeremy Souder
410 Heisey Road
Mechanicsburg, Pennsylvania 17055
Date of Notice: January 4, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT
IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO
A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717)249-3166
David A. Baric, Esquire
17 West South Street
Carlisle, PA 17013
(717) 249-6873
EXHIBIT "B"
JEREMY and LAUREN SOUDER
Plaintiffs
LINDA EWING and
CARLISLE CATERING,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6998 CIVIL TERM
CIVIL ACTION-LAW
To~
Lauren Souder
410 Heisey Road
Mechanicsburg, Pennsylvania 17055
Date of Notice: January 4, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT
IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
· NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE
II PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO
A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
[t CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
David A. Baric, Esquire
17 West South Street
Carlisle, PA 17013
(717) 249-6873
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. ODES NOT
PROVlOE FOR INSURANCE-POSTMASTER
410 ~J It~ts~
PS Form 3817, January 2001
U.S POSTAL SERVICE
CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT
PROVIDE FOR INSURANCE~°OSTMASTER
I'1 I.O~f ,S0u-14~ ,Str~
One piece of ordinary mail addressed to:
PS Form 3817, January 2001
CERTI]~ICATE OF SERVICE
I hereby ce~ify that on January 16, 2002, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe To Enter Judgement Of Non Pros, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Jeremy and Lauren Souder
410 Heisey Road
Mechanicsburg, Pennsylvania 17055
David A. Baric, Esquire