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HomeMy WebLinkAbout04-5265COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT 09-1-01 DISTRICT JUSTICE JUDGMENT COMMON PLE'AS NO.. ' ~ NOTICE OFAPPEAL 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 casa mentioned below. NAME OF APPELLANT D/ANE STRAWSER ADDRESS OF APPELLANT 329 S. 3rd Street MAG. DIST, NO. ORNAMEOFD.J. 09-1-01 Charles A. Clement Jr. CITY STATE ZIP coeE Lemoyne PA 17043 CLAIM NO. SIGNATU . OF APR LLANT O HI:~.~Y OR AGE ThisblockwillbesignedONLYwhenthisnotationisrequiredunderw_.~A./ If appellant wa, ~imant (see PA R C P J P R.C.P.J.P. No. 1008B. No. 1001(6J) in ~tion before districl Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE COMPLAINT within twenty (20) days after f/ling 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 DEFEND.AN r (see PA R.C.P.J.P, No, 1001(7) in action before E)istricf Justice. IF NOT USED, detach from copy of notice of appeal 1o be served upon appellee. PRAEClPE; To Prothonotary Enter rule upon Donnell Pr~e Name of appellee(s) (Common Pleas No. 4~2~-.~'o',.~/..,~ ~ within twenty (20) days after se~n~ RULE: To__ Donnell Price ____, appellee( Name of appellee(s) appellee(s), to file a complaint in this appeal d j~dgment~t non pros. (2) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days alter the date of service ct this rule upon you by personal service or by certified or registered mail 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 of the maUing. Date: _~- ~ I __, Year White - Prothonotary Copy Green - Court File Copy YeUow - Appelant's Copy Pink Appeffee Copy Gold - D.J. Copy Proth, - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof ol service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxe~, COMMONWEALTH OF PENNSYLVANIA COUNTY OF .; ss AFFIDAVIT: I hereby swear or affirm that I served ] a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice design deal there;, ~ ,, (date of service) ............. year ..... [] by personal service [] by (cedified) (registered) ma~l, sencer , receipt attached hereto, and upon the appellee, (name ........... year , [] by personal service [] by (certified) (registered) mail, sender's receipt attached he ~:~ [] 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 [] by personal service [] by (certified) (mgiste= mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUSSCRIBEO BEFORE ME THIS ..... DAY OF ...... 'YEAR . S¢goatore o1 ol[¢¢al Defor(! whom affidavit was made My commission expires on ..... year COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~ER.h,MtD 09-1-01 C/~RLES A. ChENIi~IT, JE. O~E ~ ~ONS -SUITE 3 ~-~,¢~..: (717 ~ 774- 5989 ~707b DIANE STRAWSER 329 S 3RD STREET AKA DIANE COON / LEMOY~., PA 17043 NIOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE ~PKICE, DONN~Lh 405 S 17TH ST HARRISBURO, PA 17104 L!L vs. f-NICOD~,' DAV~, ET ~. 664 ~ZoN ST MOOSIC, PA 1850~ O~te Fil~: 8/24/04 THIS lei TO NOTIFY YOU THAT: ' -- 'JdQ9'menl: .............. ~. '1,'OR'- i~naT~/T'I:YF t~j Judgnlent was eniered for: (Name) ~gt~E, ~I.T. ~ Judgmenlwas entered against: (Name) R~RAW~, ~DTA~ in the amount of $ 6,642. O0 on: (pate of Judgment) ~ Defendant~ are jointly and severally liable. ~This case dismissed without prejudice. ~j Amount of Judgment Subject tc Attachment/42 Pa CS. § 8127 $ ~ Porlion of Judgmenl for physical damages arising out of residential lease $ (Date & Time) Amount' ut Judgment $ 6,500.00 Judgmenl Costs $ 142. O0 interest on Judgment $ . O0 Attorney Fees $_ .00 ITotal $ 6,642.00 Post Judgment Credits Post Judgment Costs , Cerllfled Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER TH~ ENTRY CF JUDGMENT eY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLE~K or THE COURT OF COMMON ~EEA~, ~lVIg DIVISION. YOU MUST INCLUD~ ~ COPY OF THIS NO~ICE OF JUDGMENT~AN~CR~ FORM WITH YOUR NOTICE OF AFPEAL. EXCEPT AS OTHERWISE PROVIDED tN THE RULES OF CWtL PR~EDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE C~URT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER P~CESS MAY ~E iSSUED BY THE DtSTR~T JUSTICE. UNLESS THE JU~MENT Is ENTERED IN THE COURT OF COMMON PLEAg, ANYONE INTERESTED IN ~HE JUDGME~ MAY FiLE A REQUEST FOR ENTRY OF SATISFACTION WiTH THE DISTRICT JUSTICE IF THE ~UDGMENT DEBTOR PAY5 tN FULL, S~LES, OR OTHERWISE C~PLIES WiTH THE J~DGMENT. I COdify tha~ this is a true and turret copy of the record o~ the proceedings confalntng ~he ludgment Date , District ~s~ice My commission expires first Monday of January. 2008 . AOPCa~S-o~ DATE PRINTED: 10/11/04 13:18:41 PM ~0 '8 'ON ×UJ SEAL P~:~O NO~ ~00~-~[-.1.~ 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 AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. (~g~ '"-~2.¢~-~ __, upon the District Justice designated therein on (date of service) O(:~';~¢.¢ ~ ? , ye~r~, [] by.EerscnaI service []by (cer:ified)(registered mail sender's receipt attached hereto, and upon the appellee, (name [~,¢'~r~ t"~P'_~ [ 't~'~-,',~.~_.~ /-- ~--.-, year L--~'[ ,-~[, [] by personal service [] by (certlified) (registered) mail, sender's receipt attached hereto. [~I' and further that I served the Rule to File a Complaint accompanying the above Notise of Appeal upon the appellee(s) to whom the Rule was addressed on ~~.~ .... year ~O_~]~/_~ , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. :~i:::~c~i/ssion expires on 'O/~~, year ~ ;OMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT 09-1-01 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NO. ~j~..,~"O~:,~--' ~ 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 ADDRESS OF APPELLANT 329 ~. 3rd St~t DATE OF JUDGMENT IN THE CASE OF (pLAINTIFF.} 10-8-2004 L~mne,.il Pric~ CLAIM NO. CV YEAR CV-0000473-04 LT YEAR This block will be signed ONLY when this notation is required under.~._A.=, R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as ~, SUPERSEDEAS to the Judgment for possession in this case. I M AG, DIST. NO. OR NAME OF D.J. 09-1-C1 <~arle~~ ~. q'l~r~nt ~ ~ CITY STATE ZIP CODE '.*? ',Dyne ;/z, ! 7,94 ? (DEFENDANT) If 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 ac{ion betore District Justice. iF NOT USED, de{ach from 9opy of notice of appeal to be served upon appellee. PRAEClPE: To Prothonotary Enter rule upon [~:~ne]..1 P_~ice __, appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ~',,~1..~' ) within twenty (20) days after service ol ru? or su~er entry of j~dgment,°'f non pros. Sig~atb£. ~r appellant or his a~ or agent RULE: To !~3nnel-]. L:e3.c~.~ ., appellee(s) ., Name of appellee(s) J"u °r~' no* ~'~ ~.~h~."~:'i~il;"-'i~,'ber~a[Itee'ed upon you to tile a complaini in this appeal within twenty(20)' days (1) (2) I'TCrO -~C|PE' ,' The d~f se~ice of this rule it S~i~e was by mail is the date of the mailing· (3) /' ~ : ,, ,.Tear ~,2~0~ Date: (-"(-~ "' ~ I , ,,- · ~ , ---~ ~, Signature o~ Prothonota~ or Deputy' White - Prothonotary cop~; Green Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D.J. Copy P~oth. - 76 PRAECIPE FOR .1UDGt4ENT OF NON PROS Donnell Price : (Plaintiff/Appellee) : V, : : Diane Strawser : (Defendant/Appellant) : IN THE COURT OF COMMON PLEAS CUMBERLg~ND COUNTY PENNSYLVANIA No.: 04-5255 Civil Action - Law CERTIFII~ATE OF SERVICE' // AND NOW, this 10th day of ]january, 2005, I, Chad ]julius, Ilegal assistant at the Law Offices of Leslie D. ]jacobson, attorney for the Defendant/Appellant, hereby certify that on this day I served the PRAEC.[PE FOR..II.I,~AfEIVTOF NON PROS upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Donnell Price 405 South 17th Street Harrisburg, Pennsylvania 17104 LAW OFFICES OF LESLIE D. 3ACOBSON By: Chad ]julius, L~..lal Assistant 8150 Derry Street Harrisburg, PA 1.7111.5260 PHONE: 717.909.5858 FAX: 717.909.7788 PRAECIPE FOR JUDGMENT OF NON PROS Donnell Price (Plaintiff/Appellee) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. No.: 04-5265 Diane Strawser (Defendant/Appellant) Civil Action - Law PRAECIPE FOR JUDGMENT OF NON PROS To the Prothonotary: Please enter judgment of non pros against the Plaintiff/Appellee Donnell Price and in favor of Defendant/Appellant Diane Strawser for failure to file a complaint within 20 days from the date of service of the rule to file complaint. I, Leslie D. Jacobson, Esquire, herby certifies that he is counsel for Defendant/Appellant, and that a written notice of intention to file the praecipe was mailed to Plaintiff/Appellee at his address on December 22, 2004, via first class mail postage prepaid. A copy is attached hereto as exhibit A. Respectfully Submitted, Date: j / ,-/} 2-oaS I J eslie D. Jacobson ID# 52673 8150 Derry Street Harrisburg, PA 17111 Phone: 717.909.5858 FAX: 717.909.7788 1 Donnell Price (Plaintiff/Appellee) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. No.: 04-5265 Diane Strawser (Defendant/Appellant) Civil Action - Law To: Donnell Price 405 South 1 ih Street Harrisburg, Pennsylvania 17104 Date of Notice: December 22, 2004 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Leslie D. Jacobson ID# 52673 8150 Derry Street Harrisburg, Penns 17111 Phone: 717.909.5 8 FAX: 717.909.7788 EXHIBIT "A" ~ >?- ~'"- ~ ~ ~ ~ \" ~ ...t:I ~ 'lJ "'<;;J (" f ..JD ...a \) \/ ~ ~ .r ,..~ .;:;:;~) e? ct' <- ~ ..- \ eY' o ~;~ ~0!'\~'( ::l-: -.:' :;:.\: (!,~ '~ \:~~'~- ^{~: \~j~ .;., -? ~- Q -n -' ::r--n r1.~\c ...~rr1 :;jO ;;-:~C} -<' ~~ ~~i;; __.-ri"i :::.~1 ~q .~'.~ ...., _f,~ -- - .. o CO -- ..--