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Home My WebLink About12-0132J w. THE PROTHONOTARY" ?OIZ JAN 19 AM I{ *- 03 PE NSYLVANIA TY 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 Gtim9berlemd 90.U(j)6^ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No. 12-132 Civil Judge designated therein on , upon the Magisterial District (date of service) January 17 , 2012, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Dawn Bard, on January 17 , 2012 ?by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF '7 2012 ,0 4 Signature of offic' I before whom affidavit was made ,0 7? 4,2l7 v?-w? P,,6), c- Title of official My commission expires on DQQ,6t, Za .2012 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. Julian, Notary Public Susquehanna Twp., Dauphin County my commission Expires Oct 20, 2014 affiant AOPC 312A - 05 4 • M1 CERTIFIED MAIL HEUE?r" CIO ? ,.q N Postage $ V C3 Certified Fee O Return Redept Fee ?Sf?s Here * (EndoreemeM Required ?. C] Restricted Delivery Fee Km O (Endorsement Required) Lr) C7 Total Postage & Fees L Q? 5 S-o? M C3 Sent To - C3 Dawn Bard 2020 Molasses Road ------------------- - ------ or PO Box No. Liverpool, PA 17045 - -- - - ary, stare, ziP+a Ia .. CO ra f`- Postage $ C_ C C3 n Certified Fee p C] Retum =Fee d ? P tV ) ? (Endorsement Require L Fee C] (Endorsement Requirred) Lrl C] es & F e Total Postage M 0 ° Mag. Dist. No. 09-1-02 C] Magisterial District Judge Barbara A. Clare _------ (? Sliest nPililo 1901 State Street or PO Box No. Camp Hill, PA 17011 djjS state, ZIP4 Douglas K. Marsico, Esquire Attorney I.D. No. 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Elaine Nissley DAWN K. BARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELAINE NISSLEY, NO. 12-132 Civil Defendant ENTRY FOR JUDGMENT OF NON PROS AND NOW, this f? day of Fejb ? , 2012, upon consideration of Defendant's Praecipe for Judgment of Non Pros, it is hereby ORDERED and DECREED that a Default Judgment is entered in favor of Defendant, Elaine Nissley, and against Plaintiff, Dawn K. Bard. BY THE COUR waft ,00f r PROTHONOTARY 10, 10 r ? b f2 ? r;.110' 2 Douglas K. Marsico, Esquire Attorney I.D. No. 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Elaine Nissley DAWN K. BARD, Plaintiff V. ELAINE NISSLEY, Defendant U"13E t,Lr,"D C0U14T`+' "c a SYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-132 Civil PRAECIPE FOR JUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly enter Judgment of Non Pros in favor of Defendant, Elaine Nissley, and against Plaintiff, Dawn K. Bard, relative to the above-captioned matter, by reason of the failure of Plaintiff Dawn K. Bard to file a Complaint within twenty (20) days of the date of service of the Rule to File Complaint. I, Douglas K. Marsico, Esquire, hereby certify that Dawn K. Bard, located at 2020 Molasses Road, Liverpool, PA 17045, was served with the Rule to File Complaint on or about January 19, 2012 via certified mail; and the Notice of Praecipe to Enter Judgment of Non Pros on February 10, 2012, via First-Class Mail in accordance with Pennsylvania Rule of Civil Procedure mck%16-sb?00H Ck.l s8c?a? 237.1 (Rule and Notice attached hereto as Exhibit "A"), said Notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. By: 4gey Marsico, squire LD. No. . 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Date: 2 G/, / Attorneys for Defendant Douglas K. Marsico, Esquire Attorney I.D. No. 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Elaine Nissley DAWN K. BARD, Plaintiff V. ELAINE NISSLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-132 Civil CERTIFICATION OF ADDRESS I, Douglas K. Marsico, Esquire, hereby certify that the precise address for Plaintiff Dawn K. Bard is 2020 Molasses Road, Liverpool, PA 17045. Respectfully submitted, Date: ? Ion By: DrWELL arsico, } squi No. 69804 C& KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Defendant vx, ) G \0 \) COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 3 G`? t I 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 Magisterial District Judge on the date and in the case referenced below. NOTICE OF APPEAL NAME OF APPELLANT U. u15I. NU. IvMIVIr Ur Mud Elaine Nissley 09-1-02 Barbara S. Clare ADDRESS OF APPELLANT GI 1 7 O I A It LIV /.000 601 Redwood Street Harrisburg PA 17109 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (ue1enciant) 12120/11 Dawn K. Bard V5 Elaine Nissley DOCKET No. CV-338-2011 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 Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. UK FROM If appe1l"ty64161aimant (see Pa. R-ErPD.J. No. 1001(6) in action before a Mbgfsterial District Judge, A COMPLAINT MUST BE FILED within V twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Dawn Bard appellee(s), to file a complaint in this appeal (Common Pleas No. ) a- Name of appellee(s) G? r? ) within twenty (20) days after service of rule or entry of judgment of non pros. `Signa'W-re of ap Ilant or q#tomey or agent Douglas K. Marsico, squire RULE: To Dawn Bard Name of appellee(s) , appellee(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: 2012 nature of Prot no or eputi Sin YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA, ? Notice of .JE.B£?`'CgCTieE t'Trai?SCrip Civil COUNTY OF CUMBERLAND 'kfX6 ks Case Mag. Dist. No IViDJ-09-1-02 MDJ Name Honorable Barbara A Clare Address 1901 StatE Street Camp Hill PA 17011 Telephone 717-761-058:- Elaine Nissley PO Box 3010 Camp Hill. PA 17011 Disposition Summary Dawn K Bard V. Elaine Nissley Docket No PAJ-D9102-CVO-0000338-2011 Case riled. 1112;'2011 Docket No Plaintiff Defendant Disposition Disposition Date MJ-09102-CV-0000338-2011 Dawn K Bard Elaine Nissley Judgment for Plaintiff 1220:201' Judgment Summary Participant Joint/Several Liability Individual Liability Amount Dawn K Bard "x0.00 S0.00 50.00 Elaine Nissley S0.00 53.1'3.00 53.113.00 Judgment Detail (•PostJudgment) In the matter of Dawn K Bard vs. Elaine Nissley on 12/2012011 the disposition is Judg ment for Plaintiff and ju dgment was awarded as follows. Judgment Component Joint/Several Liability Individual Liability Deposit Apolied Amount Civil Judgment $0.00 $3.000.00 $3,000.00 Filing Fees $0.00 $113.00 $11300 Grand Total: $3,113.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF 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 Judge Barbara A. Clare y_ I certify that this is a true and correct copy o The record o the proceedings containing the judgment. Date Magisterial District Judge Barbara A. Clare MiiDJS 31L Paoe 1 of 2 Printed 12/20/20'1 3-46:21Pivi Dawn K Bard J. Elaine Nissley Participant List Plaintiff(s) Dawn K Bard 2020 Molasses Rd Liverpool PA 17045 Defendant(s) Elaine Nissley PO Box 3010 Carnp Hill, PA 17011 "N Docket No. IVIJ-09102-CV-0000335-20`,1 IVIDJS 13 15 Page of 2 Printed 12/20120111 3 46.21 PIJ Douglas K. Marsico, Esquire Attorney I.D. No. 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Elaine Nissley DAWN K. BARD, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ELAINE NISSLEY, Defendant TO: Dawn K. Bard 2020 Molasses Road Liverpool, PA 17045 NO. 12-132 Civil Dated: February 10, 2012 IMPORTANT NOTICE: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, CALDWELL & KEARNS By:/ Dr6ey sico, Esquire A 0. 69804 3Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendant Elaine Nissley CERTIFICATE OF SERVICE AND NOW, this day of February, 2012, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Dawn K. Bard 2020 Molasses Road Liverpool, PA 17045 CALDWELL & KEARNS 09155-001/186963 VERIFICATION I, Douglas K. Marsico, Esquire, Attorney for Defendant, Elaine Nissley, who is authorized to make this Verification on Defendant's behalf, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: / 7 CERTIFICATE OF SERVICE AND NOW, this f4day of February 2012, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Dawn K. Bard 2020 Molasses Road Liverpool, PA 17045 B, 09155-001/187419 CALDWELL & KEARNS