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 **
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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
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