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"
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