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HomeMy WebLinkAbout13-7083 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 13- 1 683-- 04\41 Term 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. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ _ b� .� v J ADDRESS OF APPELLANT CITY - - STATE ZIP CODE Q t-1 1 L-- , i I lf A 1 6 13 DATE OF JUDGMENT IN THE CASE OF (Plaintili) (Defendan )' 1 01 - 4 0 / 1 3 I "- - K • 4e �7 VS L - 0 s C A. rL ( T�n t DOCKET No. SIGNATURE OF PE 70RATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. fppe, ant Clai ant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COM FPLAIN73 MtSS� BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within t= C= _ twenty .. 3 w �, (20) days after riling the NOTICE of APPItj�m rrI Fri r- xl c1p -0 rn Signature of Prothonotary or Deputy (n 1 O -�. CD -� PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE t c� (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R. C. P.D.J. No. 1001 (7) in actin Ue rial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. _� CID PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appellee(s) (1) You are natifiedithat 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 up�ort you bi 'personal'service or by certified or registered mail. (2)' If you do,not file -a.r ofnptaint urithin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3): ", 66 elate.of"s ivice� 1 is dle if service was by mail is the date of the mailing. _ I ll l�• Date* - kmo) �� 7 �—� _ •'• - /;I Sj t f Prothonotary or Deputy ... ,. ew F YOU MUST INCLUDIE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. DEyp 4 I03. r j o Pp Ate`/ AOPC 312 -05 �# 1 158 P, # agEeao e 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. )- , upon the Magisterial District Judge designated therein on (date of service) � , 20 13 ❑ by personal service Oby (certified) e!n ail, sender's receipt attached hereto, and upon the appellee, (name) I on60/ n l C , 20 k3 []by personal service❑ by (certi d) (registere mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 e Signature of official before whom affidavit was made 4Sigure 5 . nt Title of official My commission expires on , 20 AOPC 312A - 05 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -2 -02 Kent R Rentschler MDJ Name: Honorable Jessica Brewbaker V Address: 18 North Hanover Street, Suite 106 Rose A Goril, State Farm Insurance Auto Claim Business Central Building #38 -2C14 -307 Carlisle, PA 17013 Telephone: 717- 240 -6564 Drew Francis Deyo, Esq. Docket No: MJ- 09202 -CV- 0000108 -2013 The Law Office of Deyo & Kulling Case Filed: 9/3/2013 50 East High Street Carlisle, PA 17013 Disposition Details Disposition Summary ' 1- -crosscomplaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09202 -CV- 0000108 -2013 Kent R Rentschler Rose A Goril Judgment for Defendant 10/30/2013 MJ- 09202 -CV- 0000108 -2013 Kent R Rentschler State Farm Insurance Auto Claim Judgment for Defendant 10/30/2013 #38 -2C14 -307 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 JUDGMENT /TRANSCRIPT 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_,Nlkt n, j. Date Magisterial District Judge Jessica Brewbaker I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 10/30/2013 3:00:28PM Kent R Rentschler Docket No.: MJ- 09202 -CV- 0000108 -2013 V. Rose A Goril, State Farm Insurance Auto Claim #38 -2C14 -307 Participant List Private(s) Joseph F. Murphy, Esq. 540 Court St PO Box 542 Reading, PA 19603 -0542 Plaintiff(s) Kent R Rentschler 1841 Basin Hill Blvd Carlisle, PA 17013 Defendant(s) Rose A Goril 30 Moongale Dr Carlisle, PA 17013 State Farm Insurance Auto Claim #38 -2C14 -307 540 Court Street Reading, PA 19603 Complainant's Attorney(s) Drew Francis Deyo, Esq. The Law Office of Deyo & Kulling 50 East High Street Carlisle, PA 17013 MDJS 315 Page 2 of 2 Printed: 10/30/2013 3:00:28PM erviceTM ° (oERtTIMIED IVIAI�_R�C m Y,No j, EIPT x`b deg;Intor"'atton visit ou urance Coverage Provided or (� � l website at www uses coma i !.i C i i P:reit)te �7,f tl 1)2,k� t l 1 Ll i f i, CertifieFe 0o ; 7 tr� [[; r Return Recei 1 i U `� ( i O (EndorsementRequ '+ �y ! (Endoricted Delivery Fee Postmark U! l U i ii k r� COL w a g 6 { L7 rsement Re d) , Here 4 PENNSYLVANIA N L ri Total Postage&Fees sent To j./1 „2 13 rn Stree:......„9 uI-`-' L t /� or PO g .lGo.; �1 L)/ / City,State,Zj -- 5j --_- PS Form 3800, ! P� -----pl-`- August 2006 g G a3 _�Y See Reverse for instrucry s 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF I!IJl ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served /3_ 7o '3 L(i, L. 2" a copy of the Notice of Appeal,Common Pleas No. I ,upon the Magisterial District Judge designated therein on (date )'1� �yP ❑ by )(registered) date of service ,20 1 3 b personal service certified mail, sender's receipt attached hereto,and upon the appellee, (name) (24‘-(,.'on 6c>('t 1 < �« ` JI(,L7/ � . t}-1 S,20 El personal serviceD bi certified (registered)mail, sender's receipt attached hereto. (SWORN (AFFIRMED AND SUBSCRIBED BEFORE ME THIS /.31" DAY OF « 0 /..S ,' C I Sig at offs al bef wh affidavit was made Si.i to -'f affi- t leeTitle of official U.S. Postal Service TM My commission expires on ,20 CERTIFIED MAILTM RECEIPT fn tDomestic Mail Only;No Insurance Coverage Protonotary,Cumberland ft.tmry Caddo,p� Provided) f1J For delivery information visit our website at www uses coma M C n Fine alondq of Jim n.1014 mw : li LI SL1 F x'i 1 '' ! 4 , N VI,46 0013 Li" Postage $ S i 07 Certified Fee °1 Postmark C3, Return Receipt Fee $2.5 Here (Endorsement Required) ,,. C] Restricted Delivery Fee ii:,_00 li; (Endorsement Required) 0 ^ N Total Postage&Fees _ ,11 1�/1.,f_n r l :of To frl Il/vst fF• l7°l1 ) AOPC 312A-05 r-R reef,Apt.No.; M 0 PO Box No. 0 /'4ou co ( Of, -- N City,State,ZIP+4 LcS(t ', cte t PS Form 3800,August 2006 See Reverse for Instructions = y HE PROTHONO TAI FURRY ULLMAN ����DEC � $ �� 2• �� BY:Joseph F.Murphy,Esquire Attorney I.D. 78119 CUMBERLAND COUNTY 540 Court Street PENNSYLVANIA P.O.Box 542 Reading,PA 19603 T: (610)777-5700 Attorney for Defendants, F: (610)777-2499 Rose Goril and State Farm KENT R. RENTSCHLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW V. Docket No: 13-7083-CIVIL TERM ROSE GORIL AND STATE FARM INSURANCE AUTO JURY OF TWELVE (12) DEMANDED CLAIM Defendants PRAECIPE TO STRIKE APPEAL, PURSUANT TO PA.R.C.P.D.J. 1006 Please mark Plaintiff's appeal of the District Justice judgment stricken from the record for failure to comply with Pa.R.C.P.D.J. 1005B. Plaintiff's Notice of Appeal was filed on December 2, 2013, but the notice was not served, and proof of service not filed, until December 13, 2013, as evidenced by Plaintiffs proof of service and sender's receipts attached thereto. FORRY ULLMAN Date: ( r l t3 By. l J S IY F. MU Y E QUIRE BY: Joseph F.Murphy, Esquire Attorney I.D.No. 78119 540 Court Street P.O. Box 542 Reading,PA 19603 T: (610)777-5700 Attorney for Defendants, F: (610)777-2499 Rose Goril and State Farm KENT R. RENTSCHLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW V. Docket No: 13-7083-CIVIL TERM ROSE GORIL AND STATE FARM INSURANCE AUTO JURY OF TWELVE (12) DEMANDED CLAIM Defendants CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe to Strike Appeal was mailed by first-class mail, on this date, addressed as follows: Drew Francis Deyo, Esquire The Law Office of Deyo & Kulling 50 East High Street Carlisle, PA 17013 FORRY LLMAN Date: BY: IMA4'm (2I rvNltjr QUIRE