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Home My WebLink About05-5504 NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ()S -SSOL/ C.;QI.L~hJ NOTICE OF APPEAL Notice is given that the appellant has tiled in the above Court at Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. HAM" OF' A,,,P:-e:l.LANT Colony Homes, Division of Commodore Corporation CITY ~9:3~04;R~h~~;~ A. Placey S'fATE ZIP CODE ADDRESS OF APPELLANT 20510 Paint Boulevard, P.O. Box 310 Shippenville. PA 16254 DAT~ OF JUOGMENT IN THl! CASE OF ,PI".,,:,II, '[)"I""If.."r, 9-21-05 David & Lora Eckert Colony lkJIES. Div of CamOOore Corp. CV 10 0000252-05 LT 20 vs. ~IGNATURE 0'" APPELLANT OR HIS AT ,N~Y OR AGENT e e~ CLAIM NO. This block will be signed ONLY when thiS notation is required under Pa. R.C.P.J.P. No. 10088 This Notice at Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment tor posseSSion III thiS case. If appellant was Claimant (see Pa. R.CPJP. No, 1001(6/ in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotarv or Deputv 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'?JP. 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 Plaintiffs, David & Lora Eckert N[e of appelleelsl (!;U\' ) within twenty (20) days a It'J2.YY'\ ,appellee(sl. to file a complaint in this appeal (Common Pleas No,OS- - _t: f;LY-j f judgment of non pros, Signature of appellant or his attornev or agent RULE: To David & Lora Eckert Name of appellee Is) , 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 JUDGMENTOF 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. Date. ~,20{JS AOPC 312-90 CCUi-1T FILE TO BE FiLED WITH PF~OTHc)!DTAHY . PROOF Of. Or: APPEAL of COMMONWEALTH PENNSYLVANIA COUNTY AFFIDAVIT: Justice the f\Jotice of Common Pleas No. .20 mail. sender's . on attached hereto. (name) service attached hereto. by (certified) sender's to and further that served the Rule to File a whom the Rule was addl'8ssed on______ mail, sender's receipt attached hereto. Complaint accompanying the above Notice of Appeal upon the ______ __, 20 by personai service by (certified) . SWORN (AFFIRMED) AND SUBSCRIBED. BEFORE ME THIS__......__ DAY OF ,20_, Signature of official before whom affidavit was made Title of official My commission expires on.._ _______,20_. N ft. Signature of affiant (:j "'l ^ ~ ~ ~ lU --.a ~ w (:) ~p: 1: --r ~ TJ ~ C" r', r.,: (.'-: r-,' COMMONWEALTH OF PENN~__.v ANIA COUNTY OF: CmlBERLANL 09-3-04 NOTICE (~JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS fECKERT, DAVID &: LORA -, 165 KONHAUS ROAD MECBANICSBURG, PA 17050 L ~ Mag. Dist. No_ MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECBANICSBURG, PA VS. Telephone (717) 761-8230 17050 DEFENDANT: NAME and ADDRESS rcOLONY HOMES, DIV OF COMMODORE CORP 20510 PAINT BLVD SHIPPENVILLE, PA 16254 L ~ Docket No.: CV-0000252-05 Date Filed: 5/19/05 ATTORNEY DEF PRIVATE : THOMAS P. PELLIS MEYER DARRAGH E 114 S MAIN ST GREENSBURG, PA 15601 THIS IS TO NOTIFY YOU THAT: Judgment: [iJ Judgment was entered for: FOR Pt.AIll1'TIFF (Name) R(,!1rRRT, naYTD Ii.. T.ORa r-1 ~ Judgment was entered against: (Name) COLOIIY ROMRS, DIY OF CO_ODORI!: CORP in the amount of $ 7,336 Aq on: (Date of Judgment) 9 /21/0" .- . ." D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) D. Amount of Judgment Subject to Attachment/42 Pa.C.S. ~ 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ '7,221.39 h.' Judgment Costs $ 115.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 7,336.89 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 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 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. q\ 2 \\ (7:) . Date . I C~~i: .t1at\~~is is a tr~:.!.",.<L~e.ct.Ger>Y'1f'ttT~~e p oceedings coptating the jUdgment,,;:: '; \..1 \ V';> Date \1 . , Magit:erial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-05 DATE PRINTED: 9/21/05 3:16:01 PM .. RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 ECKERT DAVID ET AL (VS) COLONY HOMES Case Number 2005-05504 Received of PD MEYER DARRACH BUCKLER 1M Total Non-Cash... .. + Total Cash......... + Change. . . . . . . . . . . .. - Receipt total...... 55.25 .00 .00 55.25 Recetpt Date 10/21/2005 Rece~pt Time 11:39:32 Recelpt No. 170068 Check# 9338 ________________________ Distribution Of Payment ----------------------------- Transaction Description Payment Amount APPEAL D.J. TAX ON APPEAL SETTLEMENT AUTOMATION FEE JCP FEE 35.00 .25 5.00 5.00 10.00 55.25 CUMBERLAND CO GENERAL FUND BUREAU OF RECEIPTS AND CONTROL CUMBERLAND CO GENERAL FUND CUMBERLAND CO AUTOMATION FUND BUREAU OF RECEIPTS AND CONTROL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID and LORA ECKERT, CIVIL DIVISION Plaintiffs, No. 05-5504 vs. COLONY HOMES, Division of Commodore Corp., PROOF OF SERVICE Defendant. Filed on Behalf of Defendant, Colony Homes, Division of Commodore Corp. Counsel of Record for this Party: THOMAS P. PELUS, ESQUIRE Pa.I.D.#52713 MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. 114 South Main Street Greensburg, PA 15601 Telephone No.: (724) 836-4840 Fax No.: (724) 836-0532 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and LORA ECKERT, CIVIL DIVISION Plaintiffs, vs. No. 05-5504 COLONY HOMES, Division of Commodore Corp., Defendant. PROOF OF SERVICE I, Thomas P. Pellis, Esquire, do hereby certify pursuantto Pa.R.C.P.D.J. 1 005A that a true and correct copy of the defendant/appellant's Notice of Appeal, Praecipe to Enter Rule to File Complaint, and Rule to File Complaint was served upon Dennis R. Sheaffer, Esquire, as counsel for the plaintiffs/appellees, David and Lora Eckert, on the 21" day of October, 2005 via certified mail, return receipt requested, at the address of 111 North Front Street, Harrisburg, PA 17101. (See attached Return Receipt). I further certify pursuant to Pa.R.C.P.D.J. 1005A that a true and correct copy ofthe defendant/appellant's Notice of Appeal was served upon District Justice Thomas A. Placey via certified mail, return receipt requested, at the address of 104 S Sporting Hill Road, Mechanicsburg, PA 17050, on the 21" day of October, 2005. (See attached Return Receipt). g JJ j)J2b---- THOMAS P. PELLIS, ESQUIRE SWORN TO and subscribed ) before me this " -; tit- day ) .-flr!.J (J fH~ .- f . 2005. ) ~k'L"vr. L.'W.i-ll.0",-./j , Notary ~blic J {SEAL} C MMONWEAL Iii Qf. PENNSYLVANIA M C .. E . Notarial Seal y ommlsslon xplres: . Karen L. Berenbrok, Notary Public City Of Greensburg. Westmoreland County ~,~.~:rn~l~S~~~ Ex~~s June 2, 2007 ~,t.. "'-','1':-," (If ~I0IClries SENDER COMPLETE THIS SECTION . Complete items 1. 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: livery - j Dennis R. Scheaffer. Esq. 111 North Front street Harrisburg. PA 17101 3. Service Type XJ Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.O.D. 4. Restricted Delivery'? (Extra Fee) DYes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7004 11bO 0002 9088 Ob13 Domestic Return Receipt '02595-02.M-1540 SENDER COMPLETE THIS SECTION . Comp/eteitems ~~ PA item 4 if Restricted Delivery is desired. . Print your name ao.d. ac1r.ir~ru.~~rse~ so that we can r~ ~~rlJ t~::> rf"4 . Attach this card to the back of the mailpiece. or on the front jf space permits. 1. Article Addressed to: D. Is delivery ress different from Item 1? If YES, enter delivery address below: Magisterial. District Jud9a -- TIunas A. Placey 104 s. Sporting Hill Iarl ~CSWrg. PA 11050 3. Service Type iii Certified Mail 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted DeUvery? (Extra Fee) 0 Yes 2. Article Number -;;-'f~~~"tQrlil 1/1 PS Fonn 3 11, February 2004 iJ~?,~,lt~~~ Iqo9,~ , J~I~,I0620 Domestic Return Receipt 102S9S-QZ-M-1540 - . CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the within PROOF OF SERVICE has been served upon the following by First-Class, U.S. Mail, postage prepaid, this the 27th day of OCTOBER , 2005, addressed as follows: Dennis R. Sheaffer, Esquire 111 North Front Street Harrisburg, PA 17101 (Counsel for Plaintiffs, David and Lara Eckert) MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. By: &~,P~ OMAS P. PELUS, ESQUIRE Attorney for Defendant, Colony Homes, Division of Commodore Corp_ ." 52' ::zi' ~~.~ ;,:::D ~p o ~~.. ,- ::i:'; v ::z.,: l"-' DAVID and LORA ECKERT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 05-5504 COLONY HOMES, COLONY HOMES, A DIVISION OF THE COMMODORE CORPORATION, Defendant PRAECIPE TO THE PROTHONOTARY: Please discontinue the above-captioned action and mark the docket satisfied. TUCKER ARENS BERG, P.C. .~ ;/ / /J A' ~/- Dennis . She er Pa. BarLD.N .39182 111 N. FrontS!., P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 ATTORNEYS FOR PLAINTIFFS By: Dated: February 7--'?, 2006 84819.1 .~ .' >~:.) ,-:":~1 6-. 2~, :.s::' '0J W (-., ':{1 _.-1 ~\;;r: \-;, "-, ['-C, N (..n