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HomeMy WebLinkAbout87-0049 C__OMMONW~EALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL JUDICIAL DISTR~CT FROM C~ ~--~- DISTRICT JUSTICE JUDGMENT COMMON P'EAS 19 7 ~ 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 mentioned below. This block will be signed ONLY when fhis notation is ~ ~ No. ]008B. required under Pa. R.C.P.J.P. I~ appellant was CLAIMANT (see Pa. R.C.P.J.P. This Nofice of Appeal, when received by the Disfricf Jusfice, will operafe as a No. 1001(6) in action before Districl Justice, SUPERSEDEAS fo fhe judgmenf for possession in fhis case. he MUST FILE A COMPLAINT within twenty (20) Signolure of Prothonotary or Deputy days a~ter filing his NOTICE ol APPEAL. PRAEClPE TO ENTER RU~E [O FILE CO~PLAINT AND RUtE ~O FILE ~~ (Thi~ ~ection ol lorm to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.p. No. 1001(7) in action before Dislrict Justice. IF NOT USED, detach lrom copy ol notice ol appeal to be served ~pon appellee). PRAEClPE: To P~ot~r~ U Name of ap~ellee(~) appellee(s), to file a complaint in this appeal (Common Pleas No.~ I ?~ .) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To~~ ~~ appellee(s)'~ ~~~ - ~ame of ~p~lee~ Signature of appellant or his attorney or agent (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. (3) The date of service of this rule if service was by mail is the date of mailing. Ao~ 312-~ or ~puly COURT FILE ~O BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN FIVE (5) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served i ~a copy of the Not/ce of Appeal, Common Pleas No 'dote of £erv~ce~ upon the Distr;ct Jug.hoe des~g::oted therein on ........................ 19 r'b ! y per,.onol serv,ce F ] by (rr*.fed (~eg;'=te,~-d' ru;; ~ender'~ receipt attached hereto, and upon the appellee, [name~ ~ ..... .................. 19~ r~ ...... t ~ by personal servrce [ii by ,'certified)(registered mail, ::end~:r'r, receipt c,Hc:¢hed her~.to on [ -~ ~md further that 1 served the Rule to File a Comp!ain; x:companying the above Notice. of Appeal upon !i ~P'~! '~',~ to ~'hom the Rule was addressed on 19 !~by personal service ' by cerrfc i r:'~i c~ed mail, sender's receipt attached hereto. ~-' SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _DAY OF 19 S~gnature at affiant Signature of official before whom affidavit was made Title of official My Commission expires on_ 19 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTR ~/ICT DISTRICT JUSTICE JU MENT COMMON P AS No. ,_/. ? ? NOTICE OF APPEAL Notice is given that the._~pellant 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 cerse mentioned below. DATE OF JUDGMENT IN THE CASE OF (Plainfift) (De en ant) :~A,M~o ~- SN'ppens~6~'?,'~l?~5'S'°~AT~E°~^~"E"A~T°~'SA'°"~°~°E~ t~P{43~ ~//,'.C~/~ t,;L~ This block will be s;gned ONLY when this notation is required under Pa. R.C.P.J.P. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008B. No. 100 ~(6) in action before District Justice, This Notice oJ Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the iudgment for possession in this case. he MUST FILE A COMPLAINT within twenty (20) S~gna/ure o~ Prothonotary or Deputy days after filing his 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.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 ruleupon '~'~ '~J-/~'J~,~'c~ Nome of appellee(s) appellee(s),tofileacomplaintinthisappeal (Common Pleas No. ~ Cj ~ ~ c/~//' ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To .~ Name of cit~pellee(s) appellee(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this apjp~a/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~NTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing., Date: (~/ru,, C~ ,19~"~. ' ' Signature of Prothonotary or Deputy AOPC 3~2- 80 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT / [his proof of service MUST BE FI! FD WITHI/'J FIVE ~ DA 'r'c AFTER z,:,..g the nofice of c~ppeal Check '.~pphcab/e COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,~ AFFIDAVIT; . .',ereb ...... ~. o, c~tf ..... m~T ~ se~',ec~ .... ' r-~-*;fied! ~r~giste~ed mail sende?s receipl attached SWORN AFFIRMED AND SU:B~CRIBED BEFORE ME THIS .......... DAY OF. , , 19 _ S~gnoture O~ o{tionf Signoture of ofhcial before whom affidavit was mode ~ ' ' Title of ~y commission expires on , IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH LORI HOLTRY, : CIVIL ACTION - LAW Plaintiff : : vs. : 49 CIVIL 1987 : HELEN I. BRANT, : Defendant : AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF FRANKLIN : I, Janice Muller Hawbaker, being duly sworn according to law, do depose and say that I am a sui juris adult; that I am the attorney for the defendant in the above captioned matter; that in such capacity I did serve a true and attested copy of the notice of appeal on the plaintiff, Lori Holtry, by mailing to her by certified mail, article number P 440 770 257, at her address of R.D. 5, Mobile Estates, Shippensburg, Pennsylvania 17235, on January 9, 1987, as per the receipt for certified mail attached hereto, pursuant to Pa. R.C.P. No. 1920.4(a)(1)(ii); that the said plaintiff accepted delivery of said notice on January 14, 1987, as per the return receipt attached hereto; and further the deponent saith not. J uller ~awDaker Attorney for Plaintiff Sworn and subscribed to before me this 14th day of January, 1987. ~ Notary Public I maintain an office in. ~PHYLLlSLEE My Co~ission expires: P 440 770 257 'Put ¥oUr address in the ,,RE-i-URN TO,, spaca on the ~ ' reverse side. Failure to do this wi I prevent this card ?¢ ECE ~PY ~OR CERT~ Ft ED E3AI L ~ being retur~d [o you. The return r~eiot f~ will DrOV'd-- = ~0. the name of th~ pe~on delivered t~anU the "J( ~; :~?~:,~td(;F OVERA[~ F'RO~IU~ ~)- ~ deliv~ For'additional fern the following ~rvic~ are "? ~ :~-' ~ E {N~ ~; N~; MAI: ~ available. Consult postmaster for fe~ and ch~k ~x(~) ~, :,?,er, ~ / ~ for service(s} requited. '-- ........................ ~ 1. ~ Show to'Whom data and eddressof delivery. Lori Holtry ~ ,. , Street and No ............ R.D. 5, Mobile Estates ~ P.--6.. S~a~; ~n%;~ ~E~-J .......... i 3. Article Addressed to: ' , S~$ppe~sbu~g, ~A 17235 ~o=~ Bolt~ Postage $ fL ~ R.D. 5 ~bile Estates .......................... ShipPemSburg, ~A 17235  Registered ~ Insured -- ' Certified ~ COD ~ .................. , ..... J Express ~ail ~lways obtain signature of addr~s~ or a~n,t and : TC~T ~ 5. i atur ddr~ LORI HOLTRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. : : NO. 49 CIVIL 1987 HELEN I. BRANT, : Defendant : CERTIFICATE OF SERVICE AND NOW, this 23rd day of January, 1987, I, Dale F. Shughart, Jr., Esquire, of Fowler, Addams, Shughart & Rundle, attorneys for Lori Holtry, plaintiff, hereby certify that I have served a copy of the within Complaint by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Helen I. Brant ~ /~ 12855 Mt. Pleasant Road ~ Mercersburg, PA 17256~~~~~~~~/)~ ~ Date: January 25, 1987 Dale F. Shugha~t, Jr. - f// ~ Swomn and subscribed before me, this 25rd day of January, 1987. LORI HOLTRY, : IN THE COURT OF CON'ON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NO. 49 CIVIL 1987 HELEN I. BRANT, : Defendant : N__0TICE 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 are 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 A 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 ~HERE YOU CAN GET LEGAL HELP. Court Administrator Third Floor Cumberland County Courthouse Carlisle, PA 17013 Area Code 717 Telephone Number 249-1133 LORI HOLTRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : : NO. 49 CIVIL 1987 HELEN I. BRANT, : Defendant : DISTRICT JUSTICE APPEAL COMPLAINT AND NOW, comes the plaintiff, Lori Holtry, by her attorneys, Fowler, Addams, Shughart & Rundle and states as follows: 1. Plaintiff is Lori Holtry, an adult individual who resides at R. D. 5, Shippensburg Mobile Estate, Lot No. 77, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Helen I. Brant who resides at 12833 Mount Pleasant Road, Mercersburg, Franklin County, Pennsylvania 17236. 3. On October 31, 1986 the defendant intentionally and/or negligently broke a window thirty inches by fifty-two inches and a screen at the plaintiff's above stated residence, in an attempt to gain entry plaintiff's residence. 4. Defendant had no lawful right to attempt to gain entrance to plaintiff's premises. 5. As a result of the intentional and/or negligents acts of the defendant, the plaintiff incurred damages of $189.21 to replace the screen and window, a true and correct copy of the bill of Mt Rock Homes, Inc., is attached hereto, made a part hereof and marked Exhibit "A". 6. The defendant has failed to pay the plaintiff the damages which plaintiff has already incurred and paid. WHEREFORE, plaintiff prays Your Honorable Court to enter judgment in favor of the plaintiff and against the defendant in the amount of $189.21 together with interest and costs of suit, including district justice costs of $17.92 also incurred by the plaintiff. FOWLER, ADDAMS, SHUGHAfT ~/~!UNDLE Dale F. Shd'g~rt, j~~ VERIFICATION Lori Holtry hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsifications. Dated: January 21, 1987 DATE CHARGES AND CREDITS BALANCE BALANCE FORWARD Windo~ 30 x 52 $ 6~ B5 Screen 2~ 65 $ Labor 90 O0 $178 ~0 Pa Tax 10 ~1 Total Due $ 189 21 MT. ROCK HOMES, INC. Exhi bi~c "A"