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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 vl Pn lam' rl? i t l "c3 T (- D `J C:ri f t 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. 0 M M Co rn Postage $ .?? - ..,., c13 Certified Fee C) postmark - Return Receipt Fee i Here (Endorsement Required) A 4 O Restricted Delivery Fee d M1 3 J0 O ) (Endorsement Require t , C3 Total Postage & Fees $ J •7 , J ) rruu Sent To Harold E. Bender, District Justice ----------------- - ? -- Street, Apt No., or PO Box No. -- - ----------- - 35 West Orange Street 0 - ----------------- 0 ?`- City Safe, ZIP+4 Shippensburg, PA 17257 r- m M ca rr'I Postage $ .,3'?- r_`1 Co Certified Fee ,y J•-3 0 r-9 Return Receipt Fee C3 (Endorsement Required) M Restricted Delivery Fee M (Endorsement Required) C3 Total Postage & Fees / $ ! _ { 7 rrJ •. trt Sant 70 ru Crystal L. Bard ra Street, Apt. No.; Co oraosoxNo. 305 Liberty Drive C3 City,------ -- ----------------------------------•-°------------•--•---•------------ r- Shippensburg, PA 17257 i -r?? 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 r • ' _ ? N ? pg _mp O ? U N . V]Wn ? On3 "y p = ?- b N Y3 6 ?+. iP. to r N co a 3 N C '?d t. ?' .dJ N i d N ? o c ? 3? ? .. g p, ? r 9 3 . d? w 3 w m d m 6?fl,4a C 10 a "? t7 7d d N ,Z W R p n G b H '9 F d N N D 0,6p 6p N O -J O C? N = O .+ N, n N ? ~1 N G ? ? O a 9 N C lj l P J ? . p t?D TU t N LO O 0 b ca C3 0 T S 0' y t a N m $ ; .!? m m "n N w g j W 4 EP ?p Sy ? N O. ? p ? V p' Q 3. » uj d. d. t00 [4 6 Uj ? m ? O ? y >S n m ' N 3 u p O 3 N '> T? j n £ .?S ? w' O Z cl, ? 'm a a o N d gLL 0 mm Z U mN £ N OInN 1L67O. x n N C a N c -? t6 9 E c T U C a ? w N N N r a N O a ? .? cn C w d 4 N r m O y o ? a UN 3 N N ? y d ti ? A is I_ a a N 0 /??r 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'