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HomeMy WebLinkAbout10-2673COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Enola 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. NAME OF APPELLANT MAG. MST. NO. NAME OF D.J. Dennis J. Davis and Donald Davis n9-3-n4 Thomas A_ Placev 604 West Shadv Lane PA 17025 r. CV-0000187-10 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. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No./ D a2 / 3 ' was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. S+g wh- ofFloff-Wwy -Dep+Ay PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Thies 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 Enter rule upon Jacob B. Bucher, Jr. appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. /0.- within twenty (20) days after service of rule or suffer entry of judgment of non pros. 1 signature of appellant or attorney or agent RULE: To Jacob B. Bucher, Jr. ,appellee(s) Keith 0. Brenneman, Esquire Name of spWee(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: April 22 20 Y-"-, (I & 4? t ?_d ? ? of Prod notary or DepW 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 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 >- 01 c Cr% N ` 1 ¦¢ o L 0 20 Signature of affiant C WMONWEALTH`OF PENNSYLVANIA" COUNTY OF CUMBERLAND May. Dist. No.. 09-3-04 MW Name Hon. _ THOMAS A. PLACER Address. 104 S SPORTING HILL RD MECHANICSBURG, PA r, „,. (717) 761-8230 17050 DONALD DAVIS 604 W. SHADY LANE ENOLA, PA 17025 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: - NAME and ADDRESS rBUCHER JR . , <UACOB ' B . ? 31 CHARLi.t , IVE SHERMANS DAZE, PA' 17-09.0, L J v$..;. DEFENDANT: NAKkE a,d ADDRESS rDAVIS, DONALD $3! : AIr 604 W. SWAD? LANg ENOLA, PA 17025 L J Docket No.: CV- 0000187 -10 Date Filed: 3/18/10 THIS IS TO NOTIFY YOU THAT: I2SFALTI,T DGME P T$ . 4 15/10 Judgment' (? ) -? Judgment was entered for: (Name) BUCHER JR., JACOB B. Judgment was entered against: (Name) DAVIS, DONALD in the amount of $ 11196.5 Amount of Judgment $_1,100.00 F] Defendants are jointly and severally liable. Judgment Costs $ 96.5 F Damages will be assessed on Date & Time Interest on Judgment $ . Oro Attorney Fees $ This case dismissed without prejudice. Total $ 1,196.50 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ 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 JUDGM_ ENTIN TH.E:COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST. COME FROM THE COURT OF COMMON'PLEAS`ANb N8 'f1 f RE i FOC IITAY 1 T [IE?FfYTHE AAAOiSTEAtAL 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. AA Date Magisterial.Distrit Jugge- I certify that this is a true an correct ( eedings containing the judgmenf _w e Date Magisterial,Distriet Judge My commission expires first Monday of January, 2016 SEAL AOPC 315-07 DATE PRINTED: 4/15/10 10:01:00 AM -C-0-MMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Vag D,st. No 09-3-04 MDJ Name. Hon. THOMAS A. PLACEY ki`Uess- 104 S SPORTING HILL RD MECHANICSBURG, PA 7eiephone. (717) 761-8230 17050 DONALD DAVIS 604 W. SHADY LANE ENOLA, PA 17025 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FB$CHER JR., JACOB B. 31 CHARLES DRIVE SHERMANS DALE, PA 17090 L J VS. DEFENDANT: NAME and ADDRESS rDAVIS, DONALD, ET AL. 604 W. SHADY LANE ENOLA, PA 17025 L J Docket No.: CV- 0000187 -10 Date Filed: 3/18/10 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date-of Judgment) 4/15/10 ® Judgment was entered for: (Name) BUCHER JR. JACOB B. W Judgment was entered against: (Name) DAVIS, DENNIS J in the amount of $ 1,196.50- ? Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 D Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,100.00 Judgment Costs $ 96.50 Interest on Judgment $ . Attorney Fees $ 00 Total $ 1,196.50 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 JUDGMENTITRANSCRIPT 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 ,J A&111 6 Magisterial District Judge I certify that this is a tryo.an orrect copy f he record of it* containing the judgment. Ax / Date Magisterial District Judge My commission expires first Monday of January, 2016 SEAL AOPC 315-07 DATE PRINTED: 4/15/10 10:01:00 AM , - .r FILED-us K,E' OF THE P vi?-',:: NOTARY 2010 APR 22 PM 2: 41 CUMBEERLA7ND COUNTY PENNSYLVANA 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 e4, #m jM&4oV A ; ss AFFIDAVIT: I hereby (swear) (affirm) that 1 served a copy of the Notice of Appeal, Common Pleas (date of service) )(Rqj&? 11- 20/0 ,Z w'73 jo - upon the District Justice designated therein on ? by personal service tJ b certifie egistered) mail, sender's receipt attached hereto, and upon the appellee, (name) VJA"-rn .$- rt' ' ? JAL , on .41,A %j 20/0 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 1 DAY OF 4 _ 20 /• Sign ture of official before whom a Kdavit was de po,t-4 '?7 ?U b l I C Title of official My commission expires on IIJO tJ.. r 20J_L_. Cp?OMWEALTH OF P I'1SYLWY M gp11Yler Mypo?i??loA??& ?&Inw^? Signature of attiant CERTIFIED MAIL" RECEIPT ' (Domestic Mail Only; No Insurance Coverage Providec NEW r0 Ln fU rl $ Do CA? Postage ?2 C3 CerdBed Fee ^ !? r n ` ` O Pos6¢erk ? C3 Retum Redept Fee Hpo., (Endorsemert Required) at ;. E3 ul Restrlc0ed Delivery Fee (Endorreement Required) ?tS > T M r=1 Total Postage & Fees s ED Tor o Jacob B. Bucher, Jr. I `-?---4 Aj - ------ ..-..°° -----.. r orPosoXNa 31 Charles Drive ?Shertnans Aale, PA 1 U.S. pcstal Service Ln CERTIFIED MAIL RE (- LIPT Only; No Insurance (Domestic L; ,)?-- )ge Provided) Ln r OFFICIA L SE ru M,-- postage $ DOS, S . O t7erttlied Fee , a O (Endoreemerd Required) Hera? v . Cl) O Ln ReaUtted Delivery Fee uired) t R O J ?n> eq (Endorsemen ? r ? M Total Postage & Fees $ .45 ?.. a C3 r ages a-r -D is ric 9 9,n., , N ,,,, oeqpas-:A_..P1acp-y--.------.. - LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ~ o F~I?-;ii-i-I` ~: _ t1C THE t.i*"..5'.,~,"`1~'~'~Y 201Q JJ~~ -4 A~! 9~ 1 i Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendants JACOB B. BUCHER, JR., Plaintiff v. DENNIS J. DAMS and DONALD DAMS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-2673 CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS TO THE PROTHONOTARY: Please enter a judgment of non pros against Plaintiff Jacob B. Bucher, Jr. and in favor of the Defendants Dennis J. Davis and Donald Davis in the above-captioned matter pursuant to Pa.R.C.P. 1037(a). The undersigned counsel for Defendants hereby certifies that pursuant to Pa.R.C.P. 237(a)(2)(i) written notice of intention to file this Praecipe for entry of judgment of non pros was served upon the Plaintiff by regular mail, postage prepaid under cover of letter dated May 24, 2010. Copies of the transmittal letter and notice of intention to enter judgment of non pros are attached hereto as Exhibit A and Exhibit B, respectively. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. By: ~~~ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Date: June 4, 2010 (717) 697-8528 ~/ Attorneys for Defendants Dennis J. Davis ~'~ ©~ f'~ ` ~`"3 and Donald Davis ~'~3lC61 ~ :~.~-~' SNELBAKER ~ BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELHAKER KEITH O. BRENNEMAN Jacob B. Bucher, Jr. 31 Charter Drive Shermans Dale, PA 17090 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 May 24, 2010 Re: Bucher v. Davis, et al. No. 2010-2673, Cumberland County Dear Mr. Bucher: Enclosed please find an Important Notice which is being served upon you due to your failure to file a Complaint as directed in the Notice of Appeal and Rule received by you on April 24, 2010. Yours truly, KOB/sm Enclosure Keith O. Brenneman cc: Jacob B. Bucher, Jr. at 31 Charles Drive, Shernlans Dale, PA 17090(w/enclosure} Deruiis J. Davis (w/enclosure) EXHIBIT A Keith O. Brenneman., Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendants JACOB B. BUCHER, JR., Plaintiff v. DAVID J. DAMS and DONALD DAMS, Defendants TO: JACOB B. BUCHER, JR., Plaintiff DATE OF NOTICE: May 24, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-2673 CIVIL ACTION -LAW 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 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 SNELBAKER & BRENNEMAN, P. C. o, ii1~ ~ LAw or~icEs SNELBAKER EC BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendants Date: May 24, 2010 Dennis J. Davis and Donald Davis EXHIBIT B CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Important Notice to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Jacob B. Bucher, Jr. 31 Charles Drive Shermans Dale, PA 17090 Jacob B. Bucher, Jr. 31 Charter Drive Shermans Dale, PA 17090 SNELBAKER & BRENNEMAN, P.C. ~~' By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendants Dennis J. Davis and Donald Davis Date: May 24, 2010 LAw or~icEs SNELBAKER SC BRENNEMAN. P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Jacob B. Bucher, Jr. 31 Charter Drive Shermans Dale, PA 17090 Jacob B. Bucher, Jr. 31 Charles Drive Shermans Dale, PA 17090 SNELBAKER & BRENNEMAN, P. C. By: ~6 ~i~~' Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendants Dennis J. Davis Date: June 4, 2010 and Donald Davis LAW OFFICES SNELBAKER EC BRENNEMAN, F.C. t Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendants /~r- r .'~r-~ir~T. ,~1 2010 Jl~?~ -~ A~ 9~ ~ J r ~.,~J=v.r ~'f Vr,. ,,,F~ JACOB B. BUCHER, JR., Plaintiff v. DAVID J. DAMS and DONALD DAMS, Defendants TO: JACOB B. BUCHER, JR., Plaintiff DATE OF NOTICE: May 24, 2010 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-2673 CIVIL ACTION -LAW Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 LAw o~icEs SNELBAKER 8C BRENNEMAN. P.C. SNELBAKER & BRENNEMAN, P. C. By: Date: May 24, 2010 ~i7~L-~. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendants Dennis J. Davis and Donald Davis CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Important Notice to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Jacob B. Bucher, Jr. 31 Charles Drive Shermans Dale, PA 17090 Jacob B. Bucher, Jr. 31 Charter Drive Shermans Dale, PA 17090 SNELBAKER & BRENNEMAN, P.C. ~~ By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendants Dennis J. Davis and Donald Davis Date: May 24, 2010 LAW OFFICES SNELBAKER SC BRENNEMAN, P.C.