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HomeMy WebLinkAbout05-0664COMMONWEALTH OF PENNS COURT OF COMMON PLEAS Judicial District, County Of Name of appellee(s) DISTRICT JUSTICE JUDGMENT 1 ' 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 on the date and in the, raseiefergnced,belgm( - t- vs ONLY when this notation is required under Pa. I(Wappellant was Claimant (see Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sgna(ure of PrWharofery w Deputy before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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.D.J. 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 (Common Pleas No. Signature of appellant or attorney or agent RULE: To , appellee(s) Name o/ appellees) (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: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 NOTICE OF APPEAL FROM appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 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) DRYS AFTER filing of the notice of appeal, Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: (hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated Inerein on (date of service) '20 ? by personal service [+ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of oflielal Ware whom affidavit was made Signature ofafFant Title of official My commission expires on , 20 Q C v C.11 ? -?rt -qr`• cTt mr?-" rLl1F cA ..?nti Z3 - AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA nnl wrrv nF. CUMBERLAND Mag. Dist. No.: 09-3-01 DJ Name: Han. HAROLD E. BENDER Addrees. 35 W ORANGE ST SHIPPENSBDRG, PA Telephone:(717) 532-7676 17257-0361 JACK A. LANEHART 53 EDWARD DR GREENCASTLE, PA NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS FLANEHART, JACK A 53 EDWARD DR GREENCASTLE, PA 17225 L J VS. DEFENDANT: NAME and ADDRESS TEDDY, ALFRED BOSTWICK RD ITHACA, NY 14850 L J DocketNo.: CV-0000264-04 17225 Date Filed: 10/18/04 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ 7 Defendants are jointly and severally liable. Damages will be assessed on: FX? 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) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total 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. "/ -ODate L , District Justice I 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 . EDDY, ALFRED DEF 001 -DISMISSED W/O PRRJMTCH on: (Date of Judgment) SEAL AOPC 315-03 DATE PRINTED: 1/14/05 9:31:14 AM N C. •7 ?Jl -rte I.?", { GC5 I - .x. 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 . Q µ ?? : as AFFIDAVIT: I hereby (swear) (affirm) that I served ?C sGs^ L-ic% ??Gf ? a copy of the Notice of Appeal, Common Pleas No(:?? - 4699, upo!i the District Justice designated therein on of 20 .? b ersonal Eervlce b Certified re istered ma (date of service) -" c_ ?6giby ? y C } f g ) , of sender's recel t attached ereto, and upon ihe appetfae, (nema) n 20 E] by personal service (c ' led) (registered) mail, sen4r's Ieceipt attached hereto. ( HWO AFFIRDAY) FND UBSCRIBED B zoo F WE ?-, ,-- Signature of official be/ore whom affidavit was made `q 1 l f? l r?l??/ 1 d, Tile of official _ My commission expires on Y. , 20 0) Sigrta9ure oteffian! NOTARIAL SEAL ,LA^ptA A 8RRW8AKER, NOTARYPUBLIC "fit" le Bcr Cumberland County M, Cornmssion trpires April 4, 2005 AOPC 312A - 02 COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM 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 on the dale and in the, case referenced below. ..J-^ 0C/-- , - e/ i hlax)o1D Z. ?V-QUO0-41y`dV1 t/ricK h', idix 4AR7- ?e 4ZF.crz) f:?))v This block will be signed ONLY when this notation is required under Pa. appellant was Claimant (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 District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature ofP ho,ai or Deputy 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.D.J. 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 appellee(s), to file a complaint in this appeal Name of appellees) (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 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: ,20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT RILE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK A. LANEHART CIVIL DOCKET #05-664 Plaintiff vs. ALFRED EDDY Defendant CIVIL ACTION - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance, personally or by attorney, and filing in waiting with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint, or document, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other right important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH TO FIND OUT WHERE YOU CAN GET LEGAL. HELP. Cumberland County Bar Association Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACK A. LANEHART CIVIL DOCKET 905,664 Plaintiff vs. CIVIL ACTION - LAW ALFRED EDDY Defendant COMPLAINT AND NOW, comes the Plaintiff, Jack A. Lanehart, 53 Edward Drive, Greencastle, Pa., 17225, and files the within Complaint and in support avers as follows: Plaintiff, JACK A. LANEHART, is a Pennsylvania resident, and was in a personal run business, with its principal place of business situated at 53 Edward Drive, Greencastle, Pa., 17225. 2. Defendant, ALFRED EDDY, is an adult individual with a last known address of Bostwick Road, Ithaca, NY., 14850. 3. It is averred that the plaintiff was orderding produce on behalf of the Defendant from various Southern Producers. Goods were shipped directly to the Defendant, or locations dictated by the Defendant. The Defendant was responsible for payment of the Cost of Goods. Freight was due upon receipt of goods, but as freight was often delivered to a different location from the Defendent, the Plaintiff agreed to pay the freight expenses as he had been dealing with the Butler Trucking for quite some time, and had established trust with them that the freight bills would be paid. The Defendent was to then reimburse the Plaintiff. However, it became evident that the Defendant was not going to reimburse the Plaintiff for all of the freight bills still owed. Finally, on June 6, 2002, the Defendant was reimburse for a freight bill in the amount of $360.00. At the present time there are two additional bills paid by Mr. Lanehart that have still not been reimbursed: (a) one in the amount of $716.00 paid to Butler Trucking on 06/17/02. (b) one in the amount of $1,077.00 paid to Butler Trucking on 06/29/02. 4. At the time of payment of the $360.00, the Defendant stated to the Plaintiff that he would take care of the two additional bills (in the amount of $716.00 and $1,077.00) within the next several weeks. That was over a year ago, and payment has still not been received. 5. Plaintiff is asking judgment for a total amount of $3,083.96 (total reimbursement plus additional interest and costs). 6. Butler Trucking is providing the Plaintiff with a list of dates and amounts of produce shipments to the Defendant and the amounts of freight expenses for these shipments billed to and paid by the Plaintiff. A copy of this information will be forwarded to the Court upon receipt or at the hearing. Despite reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 8. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 9. Plaintiff is asking for judgment in the amount of $3,08396, together with-costs incurred. I, Jack A Lanehart, verify that the facts set forth in this Complaint are true and correct to the best of my knowledge, information and belief, and sworn to this day. ?C Oack A. Lanehart, Plaintiff r)-- / r V0 S Curtis R. Long Prothonotary office of the i3rotbonotarp Cumberrantl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 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) 240-6573