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Home My WebLink About05-2326 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND a:xJNTY JUDICIAL DISTRICT 09-3-01 NOTICE OF APPEAL FROM COMMON PLEAS No. OS - ~ 1) I.., DISTRICT JUSTICE JUDGMENT C.IC~L ~ fA.r-v\ 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELlANT MAG. D1ST. NO. OR NAME OF D.J. Arron Rich and Don Rich ADDRESS OF APPELLANT CITY STATE ZIP CODE 63 Colfax Road DATE OF JUDGMENT 04/22/2005 Havertown PA (DEFENDANT) VS ArrQn Rich, 81; .1. Wo..> 1. <::h SRf.,OR / rrORNEYOR AGENT 19083 IN THE CASE OF (PLAINTIFF) Irvin 1'brush, Sr. CLAIM NO. CV YEAR L T YEAR CV-Q000092-o5 This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. 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. If appel/ant was Claimant (see PA R.C.P.J.P. No. f001(6)) in action before district Justice, he MUST FILE A COMPLAINT wilhin twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE: To Prothonotary Enter rule upon Irvin Thrush, Sr. ,appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No.{)~ -.2]~/" (1, ;,,/1 within twenty (20) days after service of J~ ::;l{Jn8Wfe or I-'romonorary or uepury 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. Signature of appellant Or his attorney or agent RULE: To Irvin '!.brush, Sr. Name of appeJJee(s) . appellee(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 UPON PRAECIPE. (3) The date of service of this rule if service was by mait is the date of the mailing. Date: fY) ';:} , I - I I., , Year ;; (')n.~ ,--Ilao-> c P ~/U1J Signature of P 0 onotary or Deputy ~ White Green Yellow Pink Gotd Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy D. J. Copy Proth. - 76 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 ; 55 AFFIDAVIT: i hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No. . _, upon the District Justice designated therein on (date of service) ___~~_____~__, year __, Dby personal service Dbv (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, {name ' on _~___________________, year_~_~, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further 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 ________ _~_~_, year _~_____, 0 by personal service Oby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF . YEAR ~~_' Signafilre(JIAllianl Signature of official before whom affidavit was made ;:: W ~ ...p w --.. -4Q ~ ~ -rJ p:: J ~ f 0 ....., = 0 c: = ..., ?...: <On - -I '"i:"J 1"," :p: ::I: 1-;-1 , m:!J " -< -<7Fii ~~~~':. I --'6 en '~'5 ~::: ".. .._.~ - - :::::ii .J:"" c ;po -.7 c' :3: \~'"') ).> C C5 ,'5m Z -I -< ,J:"' 55 -< Titlea/officiaf i (':I ~ W ::::: My commission expires on _~~____' year _~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAlI1D 09-3-01 NOTICE OF JUDGMENTfTRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'THRUSH SR., IRVIN S. I P. O. BOX 61 AMBERSON, PA 17210 , Mag_ {)is\. No MDJ Name: Hon Address HAll.OLD E. BENDER 35 W ORANGE ST SHIPPElISBURG, PA L .J VS. 17257-0361 DEFENDANT: IaICH, ARRON, BT AL. 63 COLFAX ROAD HAVERTOWlI, PA 19083 L NAME afld ADDRESS Telep"oo, 1717) 532-7676 I ATTORNEY DBF PRIVATE : THOKAS P GACKI ECKERT SEAMAN'S BOX 1248 HARRISBURG, PA / Docket No.: CV-0000092-0S Date Filed: 3/11/05 .J 1& 17108-1248 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF [i] [i] Judgment was entered for: (Name) 'I'llVnAA' f:l1l I TRVT1\t !'I Judgment was entered against: (Name) RTC'Jl, aRR01\t in the amount of $ 2,164 29 on: (Date of Judgment) 4!22 I no. o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to Attachment/42 Pa.C.S. 9 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2,023.69 Judgment Costs $ 140.60 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2.164.29 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PAmY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY RLlNG 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 JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUOGE . 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 OISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULl, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 4cRd/fJ5 Date J/~ E.- ~ , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2006 . SEAL AOPC 315-05 DATE PRINTED: 4/22/05 9:43:01 AM ~ . Cl ....., 0 =, c= C~ .1 en ..... ,:;'''' :C-r. m- -,;. :. r-: W 'Y (-', -0 c.J ~'-~ c:::> -'" -' 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 PENNSYL VANIA COUNTY OF ~X)U~tiln ; 58 AFFIDAVIT: I hereby swear or affirm that I served ~ a copy of the Notice of Appeal, Common Pleas No. (fycl:'i3l(; CVI \ Tkrrn upon the District Justice designated therein on {date at service} ,year'!...~~) .' Dbypersona'~ervice llIbY (certified) ( _ L 1 'tmail,sender's receipt attached hereto, and upon the appellee, (name --LrVlri \fIr-\. )~--J-\ ~~Jr, . on \- f(~ \, \ , year fL(' \~L. 0 by personal service 0 by (certifj~} 0.' M .In mail, sender's receipt attached herelo. 0" and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s:l to whom the Rule was addressed on tJ<1." I. \, \ , year c'v:)-,~). 0 by personal service CBIby (certified) I t mail, sender's receipt attached hereto. ;, } ') r-; liL- , 1# , Signature of Affiant TirleafoHiI-'iol My commission expires on .. , COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS CUMBERLAND CUlN'l'Y JUDICIAL DISTRICT 09-3-01 FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. t';' 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. 018T. NO. OR NAME OF D.J. Arron Rich and Don Rich ADDRESS OF APPELLANT CITY ''::;'' '''''STATE ZIP CODE 63 Colfax Road Havertown p.<\ 1901:13 DATE OF JUDGMENT IN THE CASE OF (pLAINTIFF> (DEFENDANT) 04/22/2005 Irvin Thrush, Sc~ vs, AcI.>oU. RJ..cn" ............1-",'. ""'" CLAIM NO. CV-oooo092-QS SI~~~~:E OF APPEL~ OR}jl8",-rORNEY OR AGENT CV YEAR -- ~)/ '/ LT YEAR _ f./ "." i " cr--- r JJ' This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. IDOl (6)) in action belore district Justice, he A SUPERSEDEAS to the Judgment lor possession in this case. MUST FILE A COMPLAINT within twenty (20) days after liting his NOTICE 01 APPEAL. ~j(gnawre 0/ t',ornonotary or uepury 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 Irvin Thrush, 51::. Name of appellee(s) , appellee(s). to file a complaint in this appeal (Common Pleas No1) C I;, I.) i l within twenty (20) days after service of~suffer e9l"Y of judgment at non pros. / .. /' / _-1)/) I -",_:,,',,_:' .J~ ,,/ Signature of appellant or his attorney or agent -cx-,:, ,7i I.() ! RULE: To Irvin Thrush, Sc. Name of appellee(s) , appellee(s) (1) You are notified that a ruie is hereby entered upon you to 1iIe 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 fiie a compiaint within this lime, a JUDGMENT OF NON PROS WiLL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service w'!s by mail is the date of the mailing. Date: rl) j-I / I ( r~ , Year";; /) ,,"1" , f ;'..- Signature of Prothonotary or Deputy White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy D. J. Copy Pro1h. - 76 . . ITl r'l p '" U.S. Postal Service," CERTIFIED MAil," RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru p P R.',m Re"ep' Fee el (Endorsement Required) CI Restricted Delivery Fee U1 (Endorsement Required) f'- P Postage ll'" ..D P '" Certilled Fee "Total Postage & Fees $ L\ Y. ;T g .:nt~~._]:[c/iO_ddJJ:l_Dtl+.5G_m__d'_'_'__d__'__d'_ f'- ~~~;;~~____.fQmE0i__QJ_________mm_m_m_--m_. ctty.S"'~Z1. -n P 1'1' I P ru P '" ll'" ..D P '" U.S. Postal ServiceT" CERTIFIED MAllTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ;T o o l"- Postage ru o o o Return Reciept Fee (Endorsement Required) o Restricted Delivery Fee Ul (Endorsement RequIred) l"- o Certified Fee Total Postage & Fees , COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag,Dilll-No.: 09-3-01 OJ Name: Hon. HAROLD B.' BENDER Add",,, 35 W ORANGE ST SHIPPBNSBURG, PA 17257-0361 T",pho,,, (717) 532-7676 FILING COSTS $_ ~~60 POSTAGE $ SERVICE COSTS $ CONSTABLE ED. $ o.DATE rAID ~ ~(laK, I I I I I I TOTAL $ ()f'~ ~(:\A CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS , :c. r p/" S, /"'J r v~A z>r-/ ~CJ, ~"X (i:> I .L) L A-iJlber60,/ r;,.., / !;>fi/O VS. DEFENDANT: NAME and ADDRESJ) 'Ar,.",.; ~/ct. XQV:t1 /.RQR (,3 cdl-t:A)t RJ,.o iI (!dlf&x IPJ,.LJ !t,,-ver-+owIJ-t.I6., y~rtdw,v/ /0., 6:;:3 1 08.3' Docket No.: Date Filed: 3-ll-65 'I .J 'I fiN' ,'C ~3' ctJl-f~>I /.'~, #d"Ver- 16 v/~ If? /po"33 Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ ~.:t- together with costs upon the following claim (Civil fines must include citation 0 he statute or ordinance violated): J.I 03- A- %. #.. . lI,v /o..{J,. Y~,<Jt _'7j,tJ '5"0, ~ /;77 t)(..~ ~ (}f,';d,'eG # "j'QJ P$- .P V/>A~6t<:.,.. -fe<? -#? f',?!- (to r~MOV<e 7ro..sl:) i, ::]::r VI ',J C;; n I'- (/D) 61'-} 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 autho 'ties. Plaintiffs Attorney: Telephone: Address: 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 fhe 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 office at ieast five days before the date set for the hearing. It 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. "~""'I"''''/'''J\ n" <',.] C) = = --n ~.n -''''' --. N -.l 1...0 ',il -', N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT 09-3-01 CV -0000092-05 IRVIN S. THRUSH, SR. Plaintiff! Appellee v. ARRON RICH AND DON RICH, Defendants! Appellants OS-';('3~1.. C"L>~L~~ PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS To: Prothonotary of Cumberland County Please enter a Judgment of Non Pros against Plaintiff!Appellee, Irvin S. Thrush, Sr., for failure to file a complaint in this appeal. I hereby certify that a written notice of intent to file the Praecipe was mailed to Plaintiff! Appellee at least ten days prior to the date of this filing. A copy of the notice, which was filed on August 3, 2005, is attached hereto. Respectfully submitted, ECKERT SEAMANS CHERIN & MELLOTT, LLC ThOgle~~~8M) 213 Market Street, Eighth Floor P. O. Box 1248 Harrisburg, PA 17108-1248 717.237.6093 Dated: September 15, 2005 Counsel for Defendants! Appellants, Arran Rich and Don Rich :L0298611.1} J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT 09-3-01 CV -0000092-05 IRVIN S. THRUSH, SR. Plaintiff/Appellee v. ARRON RICH AND DON RICH, Defendants/Appellants To: Irvin S. Thrush, Sr. Date of Notice: August 3, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT 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 RIGHT TO SUE THE DEFENDANTS AND THEREBY LOSE PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, P A 17013 717.249.3166 (~ P- &ac/L,' /5/ Thomas P. Gacki, Esquire (LD. No. 44864) Eckert Seamans Cherin & Mellott, LLC 213 Market Street, Eighth Floor P. O. Box 1248 Harrisburg, PA 17108-1248 717.237.6093 Counsel for Defendants/Appellants {L0298604.1} CERTIFICATE OF SERVICE I certify that on this day I served a copy of the foregoing Praecipe for Judgment of Non Pros via First-Class United States mail, postage prepaid, which service satisfies the Pennsylvania Rules of Civil Procedure, addressed to: Irvin S. Thrush, S r. P.O. Box 61 Amberson, PA 17210 /L/~-:7' Thomas P. Gacki, Esquire Counsel for Defendants! Appellants, Arron Rich and Don Rich Dated: September 15, 2005 (L029861 t.I} c~ ~- r :g ~ ~ QJ ~ D 7'\l tv .0 - .0 -c:. J.Q. -0 () \) ~ :g f o <;:;. ~ c::? ;:1' c> C' _\ , C' ~ :;.':.,." ..J- '-R ~~~: ':2 ~ -' ~-r:-n f,1e~ ~,_d \ ~ ~-;., '~~, ~:\ (j~l - , :2,~\ '<t -,cr :~ <.1'