The URL can be used to link to this page

Home My WebLink About05-6372TH COURT OF COMMON PLEAS Judicial District, County Of cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. QS - 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 case referenced below. Capital One/Sherman 09-3-03 Susan K. Day This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. sgnatu. of Pmth.n.t.' or l)'uty was in action 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 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 attomey or agent RULE: To , appellee(s) Name of appelleets) (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 MAY BE 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 JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 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) DAYS AFTER filing of the notice of appeal Check appAcabte 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 District Justice designated therein, o0 (date ofservice) , 20 ? by persena7 service by {certified} (registerar3) mail. sender's receipt attached hereto, and upon the appellee, (name) ,Hari 20 ? by personal service ? by (certified) (registered} ma'a, sender's receipt attacned hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 a 9u. torv w "?:'4M Signature of official before whom affidavit Was made Title of official My commission expires on ,2Q N C/) W ?rJ c. AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA CMHNTY nF CUMBERLAND Mag Dist. NO 09-3-03 MDJ Name: Hon. SUSAN A. DAY Address' 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone. (717) 486-7672 17065 C/O TORGE M. PEREIRA, ESQ. 101 N. CEDAR CREST BLVD ALLENTOWN, PA 18104 NOTICE OFJUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF NAME and ADDRESS CAPITAL ONE/SHERMAN 101 N. CEDAR CREST BLVD ALLENTOWN, PA 18104 L J VS. DEFENDANT: NAME and ADDRESS "MARCH, DANIEL E 166 COLD SPRINGS ROAD CARLISLE, PA 17013 L J Docket No.: CV-0000285-05 Date Filed: 9/13/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DBFBNDANT ® Judgment was entered for: (Name) rrauctw, nANTieT. it ® Judgment was entered against: (Name) cavTTAT, 0NR /SRERMAN in the amount of $ ? Defendants are jointly and severally liable. 1-1 Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 5727 $ ? Portion of Judgment for physical damages arising out of residential lease $ (Date & Time) Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 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 ACOPY OF THIS NOTICE OF JUDGMENTLTRANSCRIPT 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. pJ^^ Date Magisterial District Judge certify twat this`is a true n' ' ,corredt copy.. nd of the reco d of th proceedings containing the judgment: Date , Magisterial District Judge My commission expires first Monday of January, 2010 . SEAL AOPC 315-05 DATE PRINTED: 11/29/05 2:57:50 PM on: (Date of Judgment) 11 /05 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE/SHERMAN, CIVIL ACTION Plaintiff VS. : CASE NO.: tl?un DANIEL E. MARCH, Defendant 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 IS SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING 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 FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 4Tu FLOOR CARLISLE, PA 17013 (717) 240-6300 DOUGLAS M. MARINOS & A CIATES, P.C. L B.I J Peteira, Esquire Otto y f Plaintiff 01 dar Crest Boulevard .1 n own. PA 18104 0)434-2814 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE/SHERMAN, Plaintiff CIVIL ACTION vs. DANIEL E. MARCH, Defendant COMPLAINT CASE NO.: -? r- ,37,,Z- 1. Plaintiff, Capital One/Sherman, ("Capital One") is a banking institution with an address of 456 N. Kimball Place, Boise, ID 83704. 2. Defendant, Daniel E. March, is an adult individual with an address of 166 Cold Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Capital One issued the Defendant a credit card subject to the terms of the Cardmember Agreement ("Cardmember Agreement"). A true and correct copy of the Cardmember Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 4. Defendant has incurred charges for purchases, cash advances and/or finance charges in the amount of THREE THOUSAND THREE HUNDRED FIFTY-NINE and 54/100 DOLLARS ($3,359.54) as of December 7, 2005 5. Defendant's obligations are based on a subsisting debt, was in writing and arises from a preexisting account. 6. Defendant has not objected to account statements issued. 7. Defendant is liable to Capital One on this debt as an account stated. 8. Defendant has defaulted on his obligation to make payments to Capital One by failing to make any payments from and after February 21, 2005. 9. Pursuant to the Cardmember Agreement, Capital One may declare all amounts due under the Cardmember Agreement immediately due and payable without notice or demand. 10. Under the Cardmember Agreement Defendant is required to pay all the attorney's fees Capital One incurred in exercising its right to collect, which Capital One anticipates to be in the amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00). 11. As of December 7, 2005, Defendant is indebted to Capital One under the Cardmember Agreement in the amount of THREE THOUSAND THREE HUNDRED FIFTY-NINE and 54/100 DOLLARS ($3,359.54), plus interest accruing from and after December 7, 2005 at the per annum rate of 6%. WHEREFORE, Capital One demands judgment against the Defendant in the amour, of THREE THOUSAND EIGHT HUNDRED FIFTY-NINE and 54/100 DOLLARS ($3,859.54) (comprised of real debt in the amount of THREE THOUSAND THREE HUNDRED FIFTY-NINE and 54/100 DOLLARS ($3,359.54) and anticipated attorney's fees in the amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00)) plus interest from and after December 7, 2005, at the per annum rate of 6% and costs of suit. DOUGLAS M. MARINOS & ASSOCIATES, P.C. y Jo . P reira, Esquire tt . I.D. 75242 tome for Plaintiff 101 . Cedar Crest Boulevard 6ntown, PA 18104 0)434-2814 VERIFICATION I, Tracey Eccles, agent of Capital One/Sherman verify that I am authorized to make this Verification on behalf of the Plaintiff and I verify that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. TRACEY ECCLES EIZ4i bif 4 CUSTOMER AGREEMENT WFLCOMrE TO CAPITAL ONET We arc pleased to opera your credit card account. This Agreement contains infonrution about yric a,,iunt Please read it and keep it for your accords. In this Agicene,t the words "you", "your," and "yours" refer to each person who signed ;tic app l icatioa and to anyone else who uses the account in any say. inc words "wc", "us", ,can Capital Ore Bank and its mr_ecssors or assigns. We can delay retorting our rights under Cris Agremmt without losing them. Using Your Account. You cari make puhchucs vad obtain r-sb advances (if cash advances arc an option for your account) by using your card, account number, and any account access checks (incicdirg purchase Checks, Cowcoience Checks, Special Transfer Checks and other similar checks) that we may send to you. When we provide you with account access checks, we mill tell you whether they will be treated as purchases, cash advances or special transfers. Unless we tell you uthmvise, Convenience Checks will always be treated as cash advnnccs. Yoo agree that we arc not responsible if anyone refuses to honor your account. If you do not use your account, you may can¢I it by returning yoer card(s) and account access checks to us within 30 days a Rea you receive them. C ash Equivalent Transactions. If cash advances arc an option for your account, you can use your account to purchase items that are directly ronverubie to cash. These cash equivalent transactions will be tieatcd as cash advances and will be bilkil to the cash advance scg-rnent of your account. Cash equivalent transactions induce the rureha,c of wire transfer money orders, bets, lottery tickets, casino gamin; chips, and other similar products or services. Your Crac if Limit. You agree to make purchases or obtain cash ae!vancu only up to your credit limit If you have different credit ii n-Sla for different segments of your account, you all be informcd of the credit limits on your periodic statement We may change your credit limit at any Erne, may limit the amount that is available for cash advsaa, or may exclude cash advances entirely from your account. we may heror transactions in excess of your credit limit and those transactions will be covered by this Agreement Making Payments. You promise to pay us all amounts due Yeeniting from the use of your account, including any finance charges and attic, charges due under the term of this Agreement. Payments heist be made in U.S. dollars. Payments made by a negotiable inslmmmit such u a cbcckror a money order must be in-a form acceptable to us and be drawn on a U.S. institution. - You most pay at bast the minimum payment shown on your _.atrnrnt. However, you may pay more than the minimum payment . o,- pay the balance in full. In any case, finance charges will continue tr_ be sscssed during billing periods that you carry a balance -'?ardus of whethcr or not your statement shows a minimum payment due we can accept late payments or partial payments or checks and moncy orders marked "payment in full" or other sirnilzr language without losing any ofour tights under this Agreement including our right to receive payment in full. Periodic Statement. Each month you have a balance in your account, eve will send you assortment showing all transactions billed to your account during the billing period. The billing period is the time from one statement closing date through and including the next swement closing date. The statement closing date determines the month of a specific billing period. For example, your January billing period is the billing period with the statement closing date in January. Finance Ch--age Information. A. -Minimum i-inane Churse. For each billing period that your account is subject to a finance charge, a minimum total finance charge of 50.50 will be imposed. If the total finance charge resulting from the application your periodic rate(s) is fees than 50.50, we will subtract that amount from the SO-50 minimum and the difference will be billed to the purchase segment of your ac¢unt. - - B. 4ceraing Finance Charge. You may not avoid finance charge on cash advances and special transfers. You may avoid finance charge ce new purchases, new special purchases, and on new other charges by paying the total new balance in full prior to the following statement closing date (this is the grace period on new purchases). If you do not pay the entire new balance from the previous monthly statement, finance charge will accrue on the entire prc ioua new balance farm the first day of the new billing 00515-I1 period. Finance charge, when applicable, will be assessed as re'lrss. S Transactions made during the current billing period: from transaction date. S Undated hansacliens and nansartions made ssi:h canvcnicnce checks: from the date the tmns3onou is processed to your account- X Transactions Bade prior to the current billing period: from the first calendar day of the current billing period. C. Prrlodte Rams. Beginning no later than your February 1999 billing period, we delamnic the daily periodic rate by dividing the annual percentage rate by 365 and rounding it to the nearest IA0010001h of 1%. (Until that time, we determine the daily pmodic mte by dividing the annual percentage rate by 365 and rounding up to the nearest 1/100011% of 1%.) Theme maybe different for each segment of your account (e.g. cash advance, purchase, special purchase, and special tansfer if applicable for you; account). You were told the daily periodic rate(s) when you opened your account If your account has an introductory colt(s), the rate(s) will remain in effect unless you arc 30 days or mare late in nuking a payment or arc overliout in which cue the pcr,odic rate(s) maybe changed to the postintroduetory rote(s). If any other rate changes arc made subscqucnl to your account opening, you will be advised of the new rate. D. Calalaring Finance Charge. We calculate finance charge each day by multiplying the balance ofeach segment of your account (e.g. cash advance, purchase, special purchase, and special transfer) by the daily periodic mte(s) that has been previously disclosed to you. Each day during the billing cycle, we apply the daily periodic rate for each segment of your account to the daily balance of each segment We then add up the results o[ these daily calculations to arrive at your total periodic finance charge To get the separate daily balances for each segment of your account for the cwrent billing cycle, each day we take the separate beginning balance for cacb segment and separately add any transactions and any periodic finance charges calculated o0 the previous day-,s balance for each segment. We then subtract my payments or credits posted as of that day that arc allocated m each segment. This gives us the separate daily balances for each segmem of your account. However, the daily balance for purchases is considered to be zero for each day of the current billing cycle if you paid in full the New Balance, if any, shown on your previous statement (or if your New Balauce was zero or a credit amount). E. Cash Advanre Fee Finance Charge. If a cash advance fee applies to your account, you were told the fee when you opened your account. The fee will be charged each time you obtain a .) advance and will be added to the cash advance segment of your, account. If the fee is changed subsequent to your account opening, you will be advised ofthe new fees. Other Charges. The following charges may be billed to the purchase segment of your account: late charge if we do not receive your payment in time for it to be credited by the following statement closing date; overlimit charge ifyour account exceeds its assigned credit limit, even if we approved the ovcrlimit amount; returned check charge if a check is returned to us for any reason, or if we cannot honor your account access checks for any reason; and copying charges for duplicate copies of transactions or statements unless required for billing dispute resolution. These charges will not be assessed if your billing address was in PR when your account was opened. The fee amounts were disclosed to you when you opened your account. If any of these fees are changed subsequent to your account opening, you will he advised of the new fee. C05r5-31 -lernbership Fee. IC 5 our account bss a membership fce, is as disclosed to you xvbcn you opened your account The fee wit! e billed to the pirrebase s gm. cm of your accourrL If the fce is hanged subs,geent to ) a-u account opening, you will be advised if the change. =utuce Offers. Ps tcm, a, any figure offer villbe disclosed :a vac at the time the afecr rs made. If you accept an offer, the terns .will become effective im.:.edtately npless otherwise specified is the offer. Default- We mry eonsidu you to be in default under this Agreement if. (a) you fail to pay the minimum payment on limn, (b) you exceed your credit lucuI, Or (e) you pay us witb funds that arc rcrumcd for any reasoa, To the ercnt permitted bylaw, you may also be in default under this Agreement it. (1) you violate any of the other terms of this Agreement, or any of the terms of any other agreement with us or any of our affiliates, or (2) you made arty false or misleading statements on your application, or (3) bankruptcy or other insolvency proceedings are instituted by you or against you. After you are in default (or after we give you am, notice of of right to cure the default if required by law), we may restrict your account from new transactions, or close your account and demand irrnmcdiate payment of the eanTe outstanding balance. To the extent permitted by law, you agmc to pay all court costs aid colicc6oa expenses incurred by us in the callectioo of any amount you owe us under this Ag¢c mniL Ifyou default and we refer your account for collection to an momcy who is not our salarcd employee, to the extent permitted by law, you agree to pay reasonable attorneys' fees You also agree to pay any costs we may incur in retrieving your cards, including gay costs we may incur by having your account placed on a restricted list If You Close Your Ar_count, You can close your account by notifying "sin writing. If ycu close your account, you must still pay all amounts you owe us and will be responsible for any charges that you authorized prior to giving us your notice, If there is a membership fee for your account, the fee will continue to be charged, to the extent permitted by law, until the account balance has been paid in full. You must also action all cards and account access checks to us, cancel all preauthonzed billing anzrtgemerts and cease using your account, If you want to stop an authorized user-s access to your account you most send us written notice along with the users cud (if any) and any account access checks he or she may have. If yqu are unable to retain that person's card and account access checks, and you advise us in writing to close your account, your account will be closed and both you and thejoint cardholder, if any, may apply for a new account If we close the account, you and the joint cardholder, if any, will still be liable, individually and together, for all amounts charged to your account. It We Cancel Your Acceunf or Suspend Credit Privileges. We may at my u .c, "vita or without cause and without advmcc notice, temuna;e this Agrecmcm md/or temporanly or permaccully suspend your credit pn:^cgcs. This indudca, but is nor lunited to, sioraaocs where you hire violated this Agreement or where the hart reason to doubt your eccttwouhincss (Co. example, it van pay us wid i"Ofhcicnt funds cheeks an ,are than an occasional bus). Your a6hg2nons under this Agrczmen: continue after your rights to obtain credit have been lcmu ated or suuspended. Wecmay delay in enforcing our ne1'd under Lhd Agreement wi.rout losing therm Changes In Terms. We may amcod or change any part of ) our Agreement, including the periodic rates and other charges, or add or remove requiremen's at any time. If we do so, we will give you notice if required by law o; such ameadnxnt or change. Changes to the annual percentage rate(s) will apply to your account balance from the effeedve date arrive ebonite, whether or at the account balance included items billed to (he account before the change date and whether or not you tonne to um the amormt Changes to f cs and other charges wig apply to your account from the effective date of the change. Applicable Lout This Agreement will be governed by Virginia law and Fcc cod law. Severcibility. The invalidity of any pmvisfon of this Agreement shall not affect the validity army other. provisions. Lost or Stolen Cards or Account Access Checks. Ifyour cards or account access checks arc lost or stolen or if someone else may be using them without your pe nission, notify us at oucc by calling the tekphone number shown on the f or at of your periodic statements. You thibility fornnauthorizcduse ofyour cards or account access checks will not exceed 550.00. You wilt not be liable for unauthorized use that occurs after you notify us. Your Billing Address.You agree to give us written notice of any change in your billing address at least 10 days before the change- Changes may be written Lra the space provided on the ednuttance coupon portion of your periodic statemeut or may be sent to the following address: Capital One, P. O. Box 85015, Richmwd, VA 23235-SOTS. If your accordc is a joint account or if more dim one person is permitted to use it, you agree that all notices regarding the account may be sent solely Io the address shown an Our billing records. Communications. We may call you (using live operators,, automatic dialing devices, or recorded messages) at home or work and those calls will not be considered unsolicited. We may monitor acrecord any calls we make orreceive We may release information to others regarding the status at history of your account. We may make inquiries of third parties in correction with maintaining and collecting your account, and you authorize such third parties to release information about you to us. Cordholder Benefits. Cardholder hcnefits may be changed or terminated without notice. The benefits may be provided by third parties: we are not liable for such benefits or for the actions - or omissions of the third parties- U.S. Currency. If you make a purchase or cash advance in foreign cnnency, the transaction will be converted into U.S. Doiiars using Visa or MasterCard regulations and Visa or MasterCard may charge you a conversion fee. The mte in effect on the conversion date may differ from the rate used on the transaction date. \ Postal i CERTIFIED MAIL. RE CEIPT a ru CERTIFIED RECEIP T (i)omwffc Mail Only No Insurance Coverage Provided) a .. , Fu r Postage $ -0 Lrl Postage _ $ J m -. T CertiOetl Fee 3 1 4 p Certified Fee 3() I T - Pcstrnark C3 O Return Reciept Fee % -7 C? (Entlorsament Required) f J Postmark Here O Return 1e0 opt Fee (Entlors ament Requnio _ 7? / • L 1 Here O i Restricted Delivery Fee O .-D Restricted Delivery Fee (Endorsement Requiratl) i .0 (Endorsement Require) Rd N i-?.[y e 'btal Postage & Fees Total Postage 8 Fees m m O 0 F` or PO Box No. m Senf o - O V a r / /- - -- Street, Apt. No, orPoBOxNe. //.f//; • Cv 7?? See Reverse for Instructions A?PEAL AND RULE TO FSLE COMPLAINT cr±7ritN f: N (JU ., '"'>'ft • c r tt ., rxftit`e r r;iltCZr hrixE'S.,. lbhigh AFFSDAVf !,,::ic f;_,rear„ T°sy tt)a+' ersnd a <;,?? t ?a Ptia::. ?{ fi.p,ra:ai, t t.: ;r;?an " .. 'a±. 05-63 72t;E{d?l°ina Clis±Ht£.fu?i?: e ae?ignateU therein nrt ly, Date ;;;tvic2'? _.1216 2.. OS -? o?pE^sannl,ervice [? by CartiEer iK:"listerE?}n'?a ..., aw-'upr(r :apeii e {rCr;)e; Daniel E. March 12./1.6 QS 6y Fa_ -ccu• ser'JiG.; X-5? b rC,- n'eed; egis;e?r.d) rnait. ;rdr , re_gict E " ? hey i?Rrr31,.-. ' t n , 'N ; r ( rr1a-) A S B3 C k2if ii.) e}F_r R(c SAE 16 7A J D emb °f 05- - -P -?'----_ 7 ge M. Pereirar Sr7neRr ?fntfr2nt z+ _ r e oti- sL : Uvit ..edH ?. -_ ?...._... ?..?.?__ Woe"" 20 COMMONYMAOM Sk MEMMWWAIIM NOTARIAL SEAL ELIiA81TH A. OSCHREY. NOTARY PUBLIC C7 0 SOUTH WHITEHALL TOWNSHIP. LEHIGH COUNTY C7 <J1' ,?,IO a MY COMWA&M EXPIRES SEPIEMUR 11. 2009 Fri.' n;r= rn C-) m r O0 y `' S Zu -? N N -C ;:UMMUNWtALI H Ur' 1'CNNJ COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. aJ.- NOTICE OF APPEAL Notice is given that the appellant has fled in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT MAG. GIST. NO. NAME OF D.J. ?'. ,. .. ADDRESS OF APPELLANT CITY STATE ZIP CODE ... 1. .'.. _ :.... u. §?. _ .. DATE OF JUDGMENT IN THE CASE OF (POrhIll) (Delendanh' DO KET No. Fappelfant APPELLANT - OR T EY T This block will be signed ONLY when this notation is required under Pwas Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as trict Justice, A COMPLAINT MUST BE FILED with in twenty SUPERSEDEAS to the judgment for possession in this case. er filing the NOTICE of APPEAL. Signature of Prothonotary 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 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 attomey or agent RULE: To appellee(s) Name of 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 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 FILE Curtis R. Long Prothonotary Offid of the i3rotbonotarp ?umberYartb Q?nutttp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CS - L. 3 '/.Z 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