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HomeMy WebLinkAbout04-4898 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY, FA JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Ol.{-l.(cf9~ c, UitT-~ 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 mentioned betow. NAME OF APPELLANT Sonj a Boa tman/ J ac.k Gaughen Real tor MAG. 0181. NO. OR NAME OF D.J. 09-3-01 ADDRESS OF APPEllANT CITY 1047 Lincoln Way East, Chambers burg , FA 17201 STATE ZIP CODe OA T~'J i\lfl~2;'T IN THE CASE OF (PLAINTIFF) Carl Bert & Assoc. (OEFENgANT) Sonja Boatman/Jack Gaughen Realtol CLAIM NO. CV YEAR CV-0000199-04 ___ LT YEAR vs. SIGNATURE OF APPELLANT OR HIS ATIOANEY OR AGENT ~~~~--~ This block will be signed ONL V when this notation is required under PA. R.C.P.J.P. No. 10088. This notice at Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appel/ant was Ctaimant (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. 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach trom copy 01 notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Carl Bert & Assoc. Name of appe/Jee(s) (Common Pleas No. 61../ -LJ19P (l;u;~within twenty (20) days after service of rule or suffer entry of judgment of non pros. l€A.."l1. ~~~~..~1::t1J\l!.-:) Signature of appeJ1ant Of his anorney or a~nf . . appellee(s). to tile a complaint in this appeal RULE: To Carl Bert & Assoc. Name of appeflee{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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date ot the mailing. Date: September ~ . Year 2004 '----~(JA..O J2. ~/lMl' ~ Signatu' :{6,;thonotary 0: h~ ' White Green Yellow Pink Gold Prothonotary Copy Court Fiie Copy Appelant's Copy Appeiiee Copy D. J. Copy Proth. - 76 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ___________ _: ss AFFIDAVIT: I hereby swear or affirm fhat I served o a copy of the Notice at Appeal, Common Pleas No. __________~ _, _ _, upon the District Justice designated therein on (date of service) _ ___~__________._ . year _.____ __ _ ____.. 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name _________ ___ ___ _ __ _ _' on _______ __ __, year __, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _ ,year _ , 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of official before whom affidavit was made TifleofoffiCiat My commission expires on 5EP 29 2004 1:3:44 FR COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ctOOlERLAND Ml1g. Ol~t. No.: 09-3.01 DJNsme; 110l'l. DROLD B _ BENDER ""'""" 35 W ORANGE STREET P.O. BOX 361 SHJ:PPBNSBURG, PA To.,,,",, (717) 532 -7676 17257.0361 SONJA BOATMAN 1047 I.mCOLN WAY E JACK GAOGHSllT IitEALTOR CO""'U.SBtJRG, PA 17201 THIS. '.5..IO NOTlEY .YOll THAT: Judgment: [i] Judgmem was enlered for: (Name) [i] Judgmem was entered against: (Name) TO 4023#12523#87568 P.02/02 NOTICE OF JUDGMENTtTRANSCRIPT CIVIL CASE PLAINTIFF: N.4.ME ~nd A.oMGSS ~ BERT , ASSOC I 20 B.BtlllD lilT SHIPPENSBURG, PA 17257 L ~ VS. DEFENDANT: NAME and AOOAESS rBOATMAN, SONJA ., 1047 LINCOLN WAY E JACJ: GAOGHEN UALTOR. ~111tWBRSBURG, PA 17201 .J DocketNo.: CV-0000199.04 ~.. Date Filed; 8/09/04 -.m -":.;0.-' PT ~ TNTl'tr1l' r"'RT. BSR'" & IU'lS(V" , in the amount ot $ 4,021_44 on: ROA'IVl\lII, SOl\l'.Tl\. q/17/04 o Defendants are jointly and severally liab.le. o Damages will be assessed on: o This case dismissed without prejudice. O Amount at Judgment Subject to Anachment/42 Pa.C.$. ~ 8127 $ o Portion of Judgment tor physical damages arising out of residential lease $ (Date at Judgment) (Date f. Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $.3,938.94 $ _ 84.50 $ .00 $ .00 $ 4,023.44 Post Judgment Credits $_ . Post Judgment Costs $ . . . ==::;;.:=:;;====::= Certified Judgment Total $ ANV PARTY HAS THE RIGHT TO APPEA~ WITHIN 30 DA VS AFTER THE ENTRY OF JUDClMENT BV Fr~INCl A NOTICE OF APPEA~ WITH THE PROTHONOTARY{C~ERK OF THE COURT OF COMMON PLEAS. CIVI~ DIVISION. YOU MUST INC~UOE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEA~. EXCEPT AS OTHERWISE PROVIDED IN THE RU~ES OF CIVI~ PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HO~DER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMoN PLEAS, ALL FURTHER PROCESS IAUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTIC~.;.. ~-: -'" UN~EiSS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS. ANYONE INTEalS1lii:l-~n;~JlJIlQI1IEI"/T MAV FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTicE IF THE JUDGME'!I'T Ql!rioR!'A~ 'NilJ~~"S-~1TLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ". "" c.- c "q~I1..-~1 . Date #Vjf4/t.~ -- -, -~ , District Justice Date I certify that this ls. a true and correct copy ot the record of the proceedings containing 1he judgment. , District Justice My commission expires tirst Monday ot January, 2006 . Aope 315-03 DATE PRINTED: 9/20/04 SEAL 9:15:38 AM ** TOTAL PAGE.02 ** () r; ~ -0 ~1j SFg; ~~ r-~., (":) )..:.::.c: ~ -' ~: ".. -'n ,'. LJ r'''J PROOF OF SERVICE OF NOTICE OF APPEAL ANI) RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _:Dl9U{)h'\n. ; S5 AFFIDAVIT: I hereby swear or affirm that I served ~ a copy of the Notice of ~ Common Pleas No. 0-4 --48, 18_C,\ viJ_, upon the District Justice designated therein on (date of service) 0 _ -€'l:.._l_.. year _ .=tl){)"'C g by personal serv~::, ~ by (ce~ed) (,ogi.to,o"l mail. sender's receipt aUac ed hereto. and upon the appellee, (name ,.6T I j3~ IV .~~t~tdi'f~_ ___ .._..._____ . on _______cc_.-. ""'e~~___, year _i~~ 0 by personal service ~'bY (certified) (rB€JiI?19n~d) mail, sender's receipt attached hereto. t81 and further that I served the Rule to File a Comp'laint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _L1C10 t2t~_c___L, year ~_a:tr 0 by personal service t)a' by (certified) (rSEliet9r'il'd) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ., - THIS J () '!:-b, DAY C?F __cd:......, YEAR~1 \~ -:-i'--~ 't~~t_..- <7'--...--7, .~, .. ~ " \ ..' ,J.~! ' .'. ~__~, .'~ cf' 1~..k~"~d';"~L.,_..-,-,,,, 1 Signature of Affie.nt SigNature of officia elare whom affidavit was made S-l)Qk, -J!.t-~ I? .,!, l.t.J.1~~ /~me of 9~k:'to1 . il My commi3sion expires on ______, year ___' COMMONWEALTH OF PENNSYLVANIA _Seal KatIy L SlIer, NoIIry Public Clly 01 HonIobuIg. OeupI1in County My' Cu.,.,...., &pns Mar. 23, 2008 Member. Pennsylvania Association Of Notaries COMMONVYEAL TH OF FENNSYLVANIA COURT OF COMMON PLEAS CUliIlEHLAND COUNTY, PA JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 01..{ - 4,1(;,) ,~.c~Ti"j>-l 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 mentioned below. NAME OF APPELLANT Sonja Boatman/Je"ck Gaughen heo.ltor MAG. OIST. NO. OR NAME OF D.J. 09-3..0l ADD'In"4'l7 A'i~i~~"dln Wa.y East, CITY Chambersburg, PA 17;:;..Cil STATE ZIP CODE OAT"9'7i~"4lT _ (DEFENqAj/T) Sonj.s HOHtman/ Jacl-:: Gaug:'lt~n Het:1.1 to!" -...,......... I C'a1"1 c1l'&~'t(P't;N,fiif~()~ . CLAIM NO. cv -OOO0l99-0,~ CV YEAR vs. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT ,'", - I,. ' ":'I . ,. ~.-!.' 'J ~ ~ ........A.Jr....\...O.....Q..d".,,\..c....)..__{"j,.'...J...U..x...A \ ~\." L T YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. 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. If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) In action belore distliet Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE 01 APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section ot 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, detach from copy of notice 01 appeal to be served upon appellee. PRAECIPE: To Prothonotary Carl Enter rule upon Bert & Assoc. Name of appeffee(s) (},-u; ~Within twenty (20) days after service of rule or suffer entry of judgment of non pros. ~ ' '----::-" --, I c.r>_ 'Y\ '- .... ~ ",\''-'~V'<>I,_' "'~...\.:\4!>..'J.:rlA.L<) Signature of appellant or his attorney or agent . , appeJlf'e(s). to file a complaint in this appeal (Common Pieas No. (;)1../- 4f9P RULE: To Carl Bert & Assoc. Name 01 appel/ee(s) , appellee(s) (1) You are nqjifled that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) ~ after thed8tll ot6ervice of this rUle upon you by personal service or by certified or registered mail. . '. ,.-' ~,' ~ ! _', ,},I r" '. If youcti;l:not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED N3AlN~n:Ybu UPON-l?RAECIPE. :",,. , " I, , . "'I (2) (3) The date of service.,9t this ,,~fe ifs';ivice was by mail is the date of the mailing. Date: September ~ ,. ,~ , ... . 2004 . Yeat,. '- A o./}.. 0 ~ . . . .. ", , . ~ f? ( ,-'i '.",:,":,', .:-,'~:-<>~~<~-:~~)~.:- . ~':W~" I~'I;, .. Signatumi '"rathanofarye'1 ",,_.../ White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy D. J. Copy Proth. - 76 c M-I \S~""'A-s.>(} ( fk-:",~~ In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. ~- 1-1,'1 ~ Civil. +9- e;.".~ 1~W) :'\-.~ ~;:;:~~:.~- ""J ~A--<' ~+4 To c~~l!;:) Iv Prothonotary ~^C-4t-- Attorney for Plaintiff No. Tenn. 19 _ vs. PRAECIPE Filed 19_ . AllY. l'll" . "7 ; 1\ !'i" "ll' ~;':'I i II . ,,-. .,,~ _\ 1 (, jH )\1'.1..> CARL BERT & ASSOC Plaintiff vs. SONJA BOATMAN/JACK GAUGHEN REALTOR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4898 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY Curtis R. Long: Dear Sir: Please mark the above captioned action settled and discontinued, with prejudice. Date: March 10 , 2005 cc: Paige Macdonald-Matthes, Esquire Attorney for Defendants Saul Ewing Attorneys at Law Penn National Insurance Plaza 2 North Second Street, 7th Floor Harrisburg, PA 17101-160 14....;jJ-.." ('. D amllton C. Davis, EsqUire Attorney for Plaintiff Supreme Court LD. 10264 Zullinger-Davis, P.C. 20 East Burd Street, Suite 6 P. O. Box 40 Shippensburg, P A 17257 Phone: 717-532-5713 Fax: 717-530-5222 - --(1 \.>' -