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HomeMy WebLinkAbout13-1723 Supreme C nsylvania CouC ' o leas For Prothonotary Use Only: tea, t Docket No: :,, : a•� -�r a J County The information collected on this form is used solely,for court administration purposes. This form does not supplement or replace the Cling and sen�ice of pleadings or other papers as required by law or rules of court. Commencement of Action: S ❑ Complaint ❑ Writ of Summon ❑ Petition ❑ Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: A.E. Germane Specialty Products, Inc., Appellant Tucker Tool Company, Inc. , Appellee T I Are money damages requested? ❑ � es p No Dollar Amount Requested: ❑within arbitration limits Q (check one) [3 outside arbitration limits i N Is this a Class Action Suit? ❑ xes ❑ No Is this an MDJAppeal? M Yes ❑ No A. Name of Plaintiff /Appellant's Attorney: Henry N_ Portner, Esquire ❑ Check Isere if you have no attorney (area Self-Represented (Pro Sel Litigant) Nature of the Case Place an " X" to the left of the ONE case category that most accurately describes your PRfMA.R V CASEI If you are maldng more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not Include Judgments) CIVIL APPEALS Intentional ❑ Buyer Plaintiff Administrative Agencies Malicious Prosecution © Debt Collection: Credit Card ❑ Board of Assessment Motor vehicle ❑ Debt Collection: Other ❑ Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include Employment Dis ute: mass tort) © P E Slander /Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board T Q Other: Appeal from Magisterial I ❑ Other: Judge Judgment 0 MASS TORT ❑ Asbestos N' ❑ Tobacco i ❑ Toxic Tort - DES ❑ Toxic Tort - Implanter, PROPERTY Toxic Waste MISCELLANEOUS ❑ Other: ❑ Ejectment ❑ Common Law /Statutory Arbitration B d Eminent Domain /Condemnation 0 Declaratory Judgment ❑ Ground Rent ❑ Mandamus © Landlord/Tenant Dispute ❑ Non - Domestic Relations PROFESSIONAL L1<ABLITX El Mortgage Foreclosure: Residential Restraining Order © Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal Quiet Title E3 Other: El Medical El Other: ❑ Other Professional: Updated Illaoll COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of C \)* LAN 1) FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT I COMMON PLEAS No. 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 Magisterial District Judge on the date and in the case referenced below. N ME OF APPELLANT I A<. MAG. DIST. NO. 4 AME OF MDJ G R 6ePt� `J��c eAL1`I iv.bJ G 1 ©) l�Ct, �IIAAtES /�._ L ADDRESS OF APPELLANT CITY STATE 1 ZIP ODE 0 V A AI) bP %L\J � "'� tTL 1 c� t�l f`aLol -i� >r0�br�lh� �til,k T�T.bb DATE F JU GGENT am n an �}� �`..� k r 'Too L < Ik( A. X G�(�lr.4t e t S�Fcabl T`I `F 7 4oa�X T3 ►1vt DOCKET I �TE T OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the 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 ONL Y when appellant was DEFENDANT (see Pa. R. C. P. D. J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon L -41st <-CO 104 kry �/ (� appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. C y f 4 ) within twenty (20) days after serviceALLUle or suffer entry of judgment of non pros. Si nature of appellant or attorney or agent �pt-r RULE: To 1 \')C- - l Lc k 'Too L,�s C-00 ?At appellee(s) `i 'l 04 LA, C 'TJ Name ofappellee(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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date:2o j� sjli J..X ?A1J� l Signature of Prothonotary or Deputy l`3Y C -� ; � r 7 YOU MUST !NCLUDE A COPY OF THE NOTICE,OF JUDGMENT/ TR'Iki FORM WITH THIS NOTICE OF APPEAL. AOPC 312 -05 S I p3.So�a( G1L� zap Y ;CMM 5NWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil :OUNTY OF CUMBERLAND yY Case Mag. Dist. No: MDJ- 09 -1 -01 Tucker Tool Company Inc. MDJ Name: Honorable Charles A. Clement Jr. V Address: 920 Linda Lane A.E. Germane Specialty Products, Inc.. Camp Hill, PA 17011 Telephone: 717-737-3434 A.E. Germane Specialty Products, Inc. 10 Vanguard Drive, Suite 10 Docket No: MJ- 09101 -CV 0000217 -2012 Lincoln Industrial Park Case Filed: 6R/2012 Reading. PA 19606 Disposition Summary Docket No Plaintiff de fendant Disbosition Disposition Date MJ-091 01 -CV-0000217-2012 Tucker Tool Company Inc. A.E. Germane Specialty Default Judgment for Plaintiff 03/04/2013 Judgment Summary Products, Inc. Participant JQint(Several Liability Individual Liability Amoun A E Germane Specialty Products. Inc. $0.00 $5.820.06 $5,820.06 l ucker Tool Company Inc. $0.00 $0.00 $0.00 Judgment Detail (*Post Judgment) In, the matter of Tucker Tool Company Inc. vs. A.E. Germane Specialty Products Inc. on 3/04/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $5,629.61 $5,629.61 Costs $0.00 $190.45 $190.45 Grand Total: $5,820.06 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 'n I L. I Date Magisterial District Judge Charles A. Clement Jr. certi y that this is a true and correct copy of the re cor of t e - proceedings con arcing a lu gment. E Date Magisterial District Judge '4 DJS 315 _ Page 1 of 2 Printed. 03iO412013 3:11:33PM lLEa-OF�1C� Or Y E PROTHONOTAR't 2013 APR UN CUMBERLAND CO A TY PENNSYLVA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) 'S'' 01 %P V J OP► t COMMONWEALTH OF PENNSYLVANIA p�' � COUNTY OF ;ss �'OV�`I'� 0 t'ALt"- 1t It A,-,H AFFIDAVIT: I hereby(swear)(affirm)that I served a copy of the Notice of Appeal,Common Pleas No. upon the Magis*'al District Judge designated therein on 1 ❑ by personal service by( (registered)mail, (date of service)�.�,.,�_, �� �� � sender's receipt attached hereto,and upon the appellee,(name) N k-f 04C �11t1 ,20 Z ❑by personal service❑ (ertil (registered)mail, 5: sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME THIS J!DAY OFA M&,20 Q E f Signaturo o6fricial e ► s made Signa ure of avant E .0 navy pubk Ste"of FtWtd. ` f G H RC EEOys2U mniuW My' gxpims oWS12015 Title of official I Ln My commission expir rl I A L U Qom-, s �. 11 6F '9 m CertlBed Fee $3.10 09 cy. C3 Retum PACO t Fee $2.55 r- M (Enft-n-APAwksM Restricted 00ary Fee C3 irndersementReautreM $0.00 r� 1111111111111111111111111111111 •�� 0"4' Honorable Charles A. Clement Jr. C3 920 Linda Lane AOPC 312A-05 r` Camp Ri11, PA 17011 RECEIPT FOR PAYMENT Cumberland Countyy Prothonotary' s Office Receipt Date 4/03/2013 Carlisle, Pa 17013 Receipt Time 7 : 56 :27 Receipt No. 288582 TUCKER TOOL COMPANY INC (VS) A E GERMANE SPECIALTY PRODUCTS Case Number 2013-01723 Received of PD BY ATTY PORTNER BH Total Non-Cash. . . . . + 103 . 50 Check# 2205 Total Cash. . . . + . 00 Change . . . . . . . . . . . . . - . 00 Receipt total . . . . . . _ $103 . 50 - ---- - -- -- - - - - - - -------- Distribution Of Payment ----------- ------ ----------- Transaction Description Payment Amount APPEAL D.J. 65 .25 CUMBERLAND CO GENERAL FUND TAX ON APPEAL . 25 BUREAU OF RECEIPTS AND CONTROL SETTLEMENT 9 . 50 CUMBERLAND CO GENERAL FUND AUTOMATION FEE 5 . 00 CUMBERLAND CO AUTOMATION FUND JCP FEE 23 . 50 BUREAU OF RECEIPTS AND CONTROL $103 . 50 w COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag.Dist.No: MDJ-09-1-01 Tucker Tool Company Inc. MDJ Name. Honorable Charles A.Clement Jr. V. Address: 920 Linda Lane A.E. Germane Specialty Products, Inc. Camp Hill,PA 17011 Telephone: 717-737-3434 A.E. Germane Specialty Products, Inc. Docket No: MJ-09101-CV-0000217-2012 10 Vanguard Drive,Suite 10 Case Filed: 61712012 Lincoln Industrial Park Reading, PA 19606 Disposition Summary Docket Enf1$ I D imposition Date MJ-09101-CV-0000217-2012 Tucker Tool Company Inc. A.E.Germane Specialty Default Judgment for Plaintiff 03104/2013 Products,Inc. Judgment Summary Participant JointMeveral j,g ility Individual Liability AmoMW A E.Germane Specialty Products,Inc. $0.00 $5,820.06 $5,820.06 1 ucker Tool Company Inc. $0.00 $0.00 $0.00 Judgment Detail (-Post Judgm*nt) In the matter of Tucker Tool Company Inc. vs. A.E. Germane Specialty Products, Inc. on 3/04/2013 the judgment was awarded as follows: Judgment GoenooMM Joint/Several Liability Individual Liability Dewsit Applied Amount Civil Judgment $0.00 $5,629.61 55,629.61 Casts $0.00 $190.45 $190.45 Grand Total: $5,820.06 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTI IWMCRWT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERVASE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ALM ,r..n Date Magisterial District Judge Charles A.Clement Jr. i Cert y that is is a true and correct Copy of of€ e RoOeWings containing judgment. Date Magisterial District Judge VIDJS 315 Page 1 of 2 Printed 03iO4/2013 3:11:33PM