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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