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HomeMy WebLinkAbout04-6398COMMONWEALTH O~ PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS NG. NOTICE OF APPEAL Notice is given that the appollQnt hes filed in the aboYe Court of Co~rTx~ Ple~s an appeal from the judgment rendered by the District Justice on the ck~e and in the case menfio~ R,./,,,,rx. I/ y LT This b~ck will ~ ~ ONLY ~n this ~ is required u~er P~ R.C~J.E N~ 1~8~ This ~tice o~ A~I, wh~ ~cei~ by t~ District Justice, will ~te as a ~PERSEDEAS ~ ~ ]u~J f~ possessi~ in this cas~ CITY ~A~ Z~ C~ E ~ ~ ~ ~ ATOMY ~ A~NT Signature of Prothonotary or Deputy 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 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 ~r'~- ~'~'~ ~~.~.~.LY____~______ .appellee(s). to file a complaint in this c~ope~l (Common Pleas Na, Q /~/-- ~ ',~(~T' )withlntwent¥(20}d(~/sT~/~~ofju(~met3tofnonpros. RULE: To /~'~/L/d/L/-'~/~// appellee(s) Name o! (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. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 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). ._ ' ...... _._,- [~"-i~"y-i~}~'onal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) .......... on [] by personal service [] by'('c~ertified) (registered) mail, sender's re'~:eipt attached hereto. [] and furt'her 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 ., [] by personal service [] by (certified) (registered) mail, sendeCs receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ............................... ........ ~ignature of a#iant Sigr~ature cf ollicia/ before Title of off/c!a! 12/21/04 13:21} FA~ T17 77'6 9284 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: M~g. PiLot. No.:' 09-3-02 DJ N~ne'. Ho~. :~r..: P;O. BOX 155 27 W. BZ~ SPRING T,t.nhon,: ~/1'/I) 776-3187 17241 2735 ~~ ~ ~ZB~, ~ 17013 THIS IS TO NOTI~ YOU THAT: Ju0gme~t: ~ Judgment ~s entered for: (Name) ~ Judgment ~ again~: (Name) emoted in the amount of $ ~, ~6 -~ Defend=n~ =re join~y an~ severally li~le. Damages will be ass~sed iscasg prejudice. dismissed without ~ ~ount of Judgment Subjg~ to A~h~en~42 P~C.S. ~ 8127 $ ~ Pa~an ct Judgment for physical damages arising o~ of residential lease $ D.J. (09-3-021 ~]001 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: .~e ~ 3642 BLU~ ROCK 1~ LANCASTEK, PA 17603 VS. DEFENDANT: ~l and ~I~EN KANDOLPH ~A1rJ]qG/~F2kLING 3'735 RITNER HW~ ~LIST.R, PA 17013 Dockst No.: CV- 0000146- 04 Date Filed: 11/03/04 PnR lPT.~,~T~ on: (Date of Judgment) 1 1/31/04 (Date & Time) Amount of Judgment $ ;3,131.50 Judgment Costs $ 104.75 Interest on Judgment $ . O0 Attorney Fees $ .0 0 Total $ 3,236.25 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HIiS THE RIGHT TO APPEAL WITHIN ~a DAYS AFTER THE ENTRY OF JUDGME'NT BY FILING A NOTICE OF APPEAL WITI-~ THE PROTHONOTARY/CLERK OF'~'HE COURT OF COMMON PLF_~S, CIVIL DIVISION. YOU MUST INCLUDE J~ COPY OF THIG NOTICE OF JUDGMENT/TRANSCRiPT FORM WITH YOUR NOTICE OF APPE&L EXCEPT AS O'I[HERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUb-ricE~, IF THE dUDGMENT HOLDEI~ ELECTS TO ENTI~R THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUS'r COME FROM THE COURT OF COMMON PLF. A~ AND NO FURTHER PROCE5.~ MAY BE ISSUED BY THE DI~I'RICT JuS'rlCE. UNLE'SS THE ,~UDGMENT I$ ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A RE(~UE$~' FO~ ENTRY OF SATISFACTION WTTH THE DISTRIC-~I' JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SEI'rLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I certify that :his is a true and correct copy of the record of the proceedings containing the judgment, Date My commission expires first Monday of January, 2 O 0 6 . AOPC315-03 DATE PKII'~'~: 12/21/0{ 2:17:18 PH _, District Justice SEAL COMMONWEALTH O~PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT 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 District Justice an the date and in the case mentioned below. This block will be signed ONLY when this notation is required under Pa. R.CJ~.JJ~. Nc~ 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy 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 fil~wg his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAIN? 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 ) within twenty (20) days , appellee(s), to file a complaint in this appeal (1) You are notified that a rule is hereby entered upon you to file a complaint in this a,ppeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. aft~ ~ ~)f rule or suffer entry of judgment of non pros, ~ h/s attorney or a~=nt , appellm~s):'''~ ~~ (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, COURT FILE AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN riO) 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. J:)is~stice designated therein on (date of service) ~._~"~___~._~., E]...by personal service I~rtified~registered) mail, sender's receipt attached h_ereto,_and j~on the appellee, (name)....~,¢~_~~_~_<~ _ ~ .................... on ~ ~ '~w" [] by personal service [;~;~6y (certified) (registered) marl, sender's receipt attached hereto. [;],~'nd further that I se~ie to File a Complaint accompanying, the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on .~;~'~,4_. ~.~~, , [] by personal service [~l,¢15y (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME Sig~re oi o~,llCtal oerore w?~om Title ol o~iciat My commission expires on m Postage $ Certified Fee Return Rectept Fee J (Endorsement Required) (Endorsement Required) Sent To [.% ........ · qpr. NO.; · ' . ....................... UYy;*~i;;2fP;'~' .............................................................. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C131~l~R~ Mag. O~sl, No.: 09 -3 -02 DJ Name: Hon. HELEN B. SHULENBERGER 27 W. BIG SPRING A~ ~ILLE, PA 17241 ~.~.,~..: (717) 776-3~87 AMOUNT DATE PAID FILING COSTS $ .../ / POSTAGE $ / [ SERVICE COSTS $ / CONSTABLE ED. $ [ [ TOTAL $ /lb. 06) ~! ! "~ / Oy CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS VS. DEFENDANT: ~ N~E and A~ORESS Docket No.: Date Filed: Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable b't the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for . together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): I, 1~/~, ol/~S ~. L~{"C_~A~y~.~ verify that the facts set forth in this complaint are true and · correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. ~'S gnature of Plaintiff or A~thorized Agent) Plaintiffs Attorney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE, UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this (:ffice at least five days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A-03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBER~ Mag. Dist. No.: 09-3-02 DJ Name: Hon. HELEN B. SHULENBERGER Address: PO BOX 155 27 W BIG SPRING AVENUE NEWVILLE, PA Te,epho,e: (717) 776-3187 17241 HELEN B. SHULENBERGER PO BOX 155 27 W BIG SPRING AVENUE NEWVILLE, PA 17241 COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NAME and ADDRESS I-BRENE].~N COMPANY, -I 3642 BLUE ROCK RD LANCASTER, PA 17603 l / VS. DEFENDANT: NAME and ADDRESS i-KEN RJ.%/~DOLPH PAVING/SEALING -I 2735 ]P. ITNER HWY CARLISr.E, PA 17013 Docket No.: CV'- 0000146 - 04 I I~t~,~ Date Filed: 11/03/04 . Disposition Date: 11/23/04 Please be advised that an appeal has oeen filed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judgle CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. DISTRICT JUSTICE DECISION UPHELD - court has reached the same decision as the district justice judgment. DISTRICT JUSTICE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeal has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. DISTRICT JUSTICE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of jurisdiction, or improper venue. WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC 729B-98 DATE PRINTED: 12/28/04 3:26:15 PM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~ERT.,AND Mag. Dist. No.: 09-3-02 DJ Name: Hon. HEL]~ B. SHULENBERGER Address: P.O. BOX 155 27 W. BIG SPRING AVENUE NEWV~LLE, PA Telephone: (717) 776-3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FBRENE]~ COMPANY, -] 3642 ]E~LUE ROCK KD LANCASTER, PA 17603 / / VS. DEFENDANT: NAME and ADDRESS I-KEN PJI~I-DOLPH PAVING/SEALING -~ 2735 ]P, ITNER HWY CARLISLE, PA 17013 L / Docket No.: CV- 0000146 - 04 Date Filed: 11/03/04 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~] Judgment was against: (Name) entered FOR PT...AINTIFF ~R1;~33;~MA~ K~'~'P_.A3qDOLPH :PAVTN~/~I~.ALTN~ in the amount of $ on: (Date of Judgment) --']Defendants are jointly and severally liable. (Date & Time) [~ Damages will be assessed on: Portion of Judgment for physical damages arising out of residential lease $ This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Amount of Judgment $ 2,131.50 Judgment Costs $ 104.75 Interest on Judgment $ o 00 Attorney Fees $ o 00 Total $ 2,236.25 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR OISTRICT 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. /~~ Date , District Justice certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2006 . AOPC315-03 DATE PRINTED: 11/23/04 9:49:56 AM SEAL HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT BRENEMAN COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION. LAW KEN RANDOLPH PAVING/SEALING Defendant : NO. 2004 - 6398 CIVIL TERM : IN ASSUMPSIT PRAECIPE FOR NON PROS TO THE PROTHONOTARY: Service of the rule upon the plaintiff to file a complaint in this case was accomplished by certified mail on December 23, 2004. In addition, the District Justice was served with notice of this appeal on December 28, 2004. On January 26, 2005, plaintiff was served with an additional 10 day notice, as required by the Pennsylvania Rules of Civil Procedure (see attached copy of notice and certified mail receipts). To date, the plaintiff has not filed a complaint as required by the Rule. Accordingly, please enter a judgment of nolle pros against the plaintiff for failure to file a complaint within twenty (20) days of service of the Rule. February 7,2005 /'A/l {~/-'~'j W/~ I HAROLD S. IRWIN, III I / Attorney for defendant l\ ..' .~/ 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 1.0. NO. 29920 BRIINIlMAN COMPANY, Plaintiff = IN THII COURT OF COMMON PLUS OF = CUMBERLAND COUNTY, PIINNSYLVANIA va. : CIVIL ACTION. LAW KilN RANDOLPH PAVING/SULING Defendant : NO. 2004 - 6398 CIVIL TIIRM : IN ASSUMPSIT January 25, 2005 TO: BRENEMAN COMPANY 3642 BLUE ROCK ROAD LANCASTER PA 17603 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU 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 PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBeRLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST CARLISLe PA 17013 717 - 249 - 3166 January 25, 2005 \c(Q)~Y HAROLD S. IRWIN, III Attorney for Defendant 64 South Pitt Street Carlisle, PA 17013 717 - 243 - 6090 Supreme Court ID No. 29920 "................. ;....,.'. B > "'~'.1I;.~ 3'+2 'tve.~~ L.r~, PA l7(.O3 I .... 0... ~ ~~mWMrii II I, II , ~t;~r~l.j PS Form 3811. February 20If " , : \'111' - 7003 3110 0004 5775 4344 .......0 - .., '_'040 :r :r rn :r U.S. Postal Servicem CERTIFIED MAILm RECEIPT {Domestic Mall Only; No Insurance Coverage Provided} lJ1 f'- f'- lJ1 I A L PoslllgO $ 37 f'\ 4l ~kam Certified Fee 2..3 l Return Reciept Fee 1.7.s Here (Endorsement Required) Restrlcted Delivery Fee \1~sf6 (Endorsement Required) $ . If -z.. Total Postage & Fees :r o ; rn rn ~ :~~APi.~pt:.Att-"!1.'UL~_!G,liRWJ'-=m_m--um-----_------ ~::'_~_"'!:_____3J._'t_?,,___j).bt.t:_.~--~J-----------.-----_u CIty, Slats. ZlI'>4 L,."cq.s"- 14 J 7~i3 . .