HomeMy WebLinkAbout04-5562-..mmvNWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
I COURT OF COMMON PLEAS FROM
Cumberland County
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
9th
COMMON PLEAS Na
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 MAC. DIST. NO OR NAME OF DJ.
James W. Hunt, t/d/b/a/ the Fence Doctor 109-3-01 Harold E. Bender
ADDRESS OF APPELLANT CITY STATE ZIP CODE
1824 East Canal Road Dover PA 17315
DATE OF JUDGMENT IN THE CASE OF (ftrrtiff) (Defendant)
10-7-2004 I Crystal L. }lard vs. Janes `s;. ',,,Tt.nt, t/d/b/a/ the Fence
CLAIM NO SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT Doctor
CV 19 0000184-04
LT 19 vi
This block will be signed ONLY when this notation is required under Pa a If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
10086
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDERS Io the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
signature of Prothonotary or Deputy
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 action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon Crystal L. Bard appellee(s), to file a complaint in this appeal
571r,00 f appellee(s)
(Common Plena Na :/. ? t11t within twenty (20) days after service of rule or suffer entry of judgment of non pros.
L /
/Signature of appellant or his attorney or agent
RULE: To Crystal L. Bard , appellee(s). /
Name of appeNee(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.
(3) The date of service of this rule if service was by mail is the date of mailing.
w. A--)oo. Al ,19-2004
'-8A
Signature of Pro 4 y or
COURT FILE TO BE FILED WITH PROTHONOTARY
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 that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) , 19-, ? by personal service ? by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) , on
, 19_ by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.
? and further that 1 served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on 19-, ? by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 19
Signature of affiant
Signature of official before whom affidavit was made
Title of official
My commission expires on
,19
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-3-01
DJ Name: Hon.
HAROLD E. BENDER
Address: 35 W ORANGE STREET
SHIPPENSBURG, PA
Telephone: (717 ) 532-7676
ATTORNEY DEF PRIVATE :
RICHARD L. WEBBER JR
126 EAST KING ST
SHIPPENSBURG, PA 17257
THIS IS TO NOTIFY YOU THAT:
Judgment:
7BARD, CRYSTAL L.
305 LIBERTY DRIVE
SHIPPENSBURG, PA 17257
L J
VS.
DEFENDANT: NAME and ADDRESS
FH- MT, JAMES W.
1824 EAST CANAL ROAD
T/D/B/A THE FENCE DOCTOR
LDOVER, PA 17315 J
Docket No.: CV-0000184-04
Date Filed: 7/09/04
FOR PT.ATNTTFF
® Judgment was entered for: (Name) BART), CRVSTAT. T.,
® Judgment was entered against: (Name) HTTmT, TAMRG W.
in the amount of $ 4,617-no on: (Date of Judgment)
7 Defendants are jointly and severally liable.
0 Damages will be assessed on:
0 This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
(Date & Time)
10/1117/04
Amount of Judgment $ 4,500.00
Judgment Costs $ 117.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 4,617.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
f ? "(1 e ? Date 1C7 ?? e' ?? , District Justice
1 certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date , District Justice
OCT 13 2004 NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
17257-0361
My commission expires first Monday of January, 2006 . SEAL
AOPC 315-03 DATE PRINTED: 10/08/04 10:01:12 AN
( 1"J" - "LIB
0F THE rp ,_ 11 t10NaTAPY
iLi`d' 1 i?M 10 • 58
?`? ' - ?t?Yl1'7?? 7 !`• '??'w,. MD : "r= -r? fit. V VtKI?B
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiiOMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Ch00'applidabi0boves)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CnmhPrl and ; as
AFFIDAVIT: I hereby swear or affirm that I served
46 a copy of the Notice of Appeal, Common Pleas No, 04-5562 upon the District JUM!04i si{gnated therein on
(date of service) November 8 1? z ooh ? by personal s(. D?.ervicnerd ® by (certifi ie {xe is. ?T?sil, sender's
? '` c ,•q.;lr. "'f fw I'.'.i.? 11, •'
receipt attached hereto, and upon the aYp ellee, (name) Crystal L on
November 8 ?9 200 by personal service I by (certified) (registered) mail, sender's,rN ipt att4cheO P.ereto.
ek and further that i served the Rule to File a Complaint accompanying the above Notice of Appeal-upon thetppph ~li"*iom
the Rule was addressed on November 8 1K_2UQ40 by personal service ® by (certified) (registered)
mail, sende('s receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 15 ---DAY OF Nov?,,?ber 19049Rflt?4!??f{iris=
Signature of official before whom affidavit was made NOVAKIK
I! Notary Pub- 4C . AA1mmL to _. y?,! I!!: ,qtr.
Title of official . ff*y A!ft
My commission expires Wo.
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rn Postage $ .?? - ..,.,
c13 Certified Fee C) postmark -
Return Receipt Fee i Here
(Endorsement Required) A
4 O Restricted Delivery Fee
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(Endorsement Require t
,
C3 Total Postage & Fees $ J •7 , J )
rruu Sent To Harold E. Bender, District Justice
-----------------
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Street, Apt No.,
or PO Box No.
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-
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35 West Orange Street
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?`- City Safe, ZIP+4
Shippensburg, PA 17257
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rr'I Postage $ .,3'?-
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Co Certified Fee ,y
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r-9 Return Receipt Fee
C3 (Endorsement Required)
M Restricted Delivery Fee
M (Endorsement Required)
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Total Postage & Fees /
$ ! _ { 7
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trt Sant 70
ru Crystal L. Bard
ra Street, Apt. No.;
Co oraosoxNo. 305 Liberty Drive
C3 City,------ -- ----------------------------------•-°------------•--•---•------------
r- Shippensburg, PA 17257
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CRYSTAL L. BARD NO. 04-5562
Plaintiff
VS.
JAMES W. HUNT, d/b/a
THE FENCE DOCTOR, IN ASSUMPSIT
Defendant
CERTIFICATE OF SERVICE
I, ROB A. KRUG, ESQUIRE, Counsel for Defendant, JAMES W. HUNT, do
hereby certify that the Appeal in the above matter was filed on November 4, 2004 and the
date of service by Certified Mail was November 4, 2004 on the Plaintiff. The Plaintiff
did receive said Certified Mail service on November 9, 2004 as did the District Justice,
Harold E. Bender. Copies of said return receipt cards are attached hereto as Exhibit A.
DATED: 2' 11 -o
ROB A. KRUG, ESQ
Attorney for Defend
53 East Canal Street
Dover PA 17315
(717) 292-5615
Atty I.D. #25123
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Curtis R. Long
Prothonotary
office of the Protbonotarp
. Cumberfanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
6)4 - 5"Q,, CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) ?dn-A' T'