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Home My WebLink About02-1001 COMMONWEALTH Of PENNSYLVANIA '. COURT OF COMMON PLEAS NOTICE OF APPEAL 3D /", 0(;2.. FROM JUDICIAL DISTRICT Helen B, Shulenberger DISTRICT JUSTICE JUDGMENT PO Box 155, 27 W. Big Spring Avenue Newville PA 17241 COMMON PLEAS No. -cbl- J ()() / Q;j;j NOTICE OF APPEAL Notice is giwn 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 rnentiOlled beIov.< NAME APl'EUANr Mark R. Clepper AI'I'EUANT 210 ponderosa Road MJ>G. DIST. NO. OR NAME cu. Helen B. Shulenberger OTY Carlisle STATE PA ZP ODE 17013 DA.TE NT 2-19-02 N ll-E CASE OF (Plaintiff) Robert D. Hockenberry, Jr. (DfIfoOOwrt ) Hark R. Clepper 'is. SlGNATlJlE Of AP1'ELLANT l/ant LAIMANT ( Pa. R.cP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. CV 19. 0000015-02 LT 19 This block will be signed ONLY when this notation is required under Po. R.cP JP. No. l008&. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS ta the judgment for possession in this case. Signatute of Prothonotary 01 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.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 (Common Pleas No. Robert D. HOckenberry, Jr. Name of appellee( s) Od-l60-~) within t-.ty (20) days after service of rule or suffer , appellee(s), ta file a complaint in this appeal Enter rule upon RULE: To Robert D. Hockenberry, Jr. NIrne of appeIlee(s) , oppeIlee(s~ Of agent (1) You ant notified that a rule is hereby entered upon you ta file a complaint in this appeal within t-.ty (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. Dote: ?,....J-0:1 ,W_. /JOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY .- 1. . :=:-7"";;="""""--- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicabie boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;ss AFFI DAVIT: I hereby swear or affi rm that I served o a copy of the Notice of Appeal. Common Pleas No. . upon the District Justice designated therein on (date of service) 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. and upon the appellee. (name) . on . 19_ 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 , 19--..., 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,19_ Signature 01 affiant Signature of official before whom affidavit was made Title of official My commission expires on . 19..-- _l......a:!::.t.~=.~ _ \ ~ n 0 0 -oi f'-> -n ~ ~ :Jt ..-; ~ :Do -'r" -'- ." ~:xJ ::0 Qlp ~~ I .-':Jm - 't:, :'J)? ~ ~ C)C.J ;<0 :Do =l-_ )-+1 ~ ..1) ~g :x ,;)-.- zO Qj {)J osJ - Om .. .~ -9 ~ 1'-> ~ N ~ .. ~ _Vi ~ ~ ~ .. .' . \ i ....j ~ 1'\ ~,~;. ~ 'lI(. 'j..,;.,.... '. "'t. ".. COMMONWEALTH OF PENNSYLVANIA ..... COUNTY OF: CUMBERLAND 09-3-02 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'HOCKENBERRY JR, ROBERT D --, , 297 SHED RD NEWVILLE, PA 17241 L ~ Mag. Oist. No.: OJ Name: Hon. HELEN B. SHULENBERGER Address: P.O. ,BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA h~~~~017) 776-3187 17241 VS. MARK R. CLEPPER 210 PONDEROSA RD CARLISLE, PA 17013 DEFENDANT: NAME and ADDRESS rcLEPPER, MARK R 210 PONDEROSA RD CARLISLE, PA 17013 L Docket No.: cv- 0000015 - 02 Date Filed: 1/30/02 --, -.J Tl'IIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [i] [!] Judgment was entered for: (Name) RnC'.lfRNRRRRV .TR RnRRRT n Judgment was entered against: (Name) r.T.RPPRR, MlI.Rlf R in the amount of $ 1, ':lOA 00 on: (Date of Judgment) Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ ~. ,'''- Amount of Ju~nt I $:{~ 250.00 - Judgment Co~o $;t') 58.00 Interest on Ju~nt ;!> }, .t =.t $'.i:!J .00 --(j Attorney Fees:;;; 8 - $orn .00 - Total z: .. $~,308.00 N ::< (".) ~ Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ?{;q/O? g 'N ~ s:: X-I ~(B .:0:0- . "j"'l m rTi :::0 E";-1 ...::.- D D D D D D Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: This case dismissed without prejudice. Levy is stayed for days or D generally stayed. Objection to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlUNG 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. ~- I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, AOPC 315-99 2006 , District Justice .......,." SEAL ~ " PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ;.. AFFIDAVIT: I hereby swear or affirm that I served Gl a copy of the Notice of Appeal, Common Pleas No, 0?-1001 Ci vi 1 upon the District Justice designated therein on (date of service) 3/5/02 , 0 by personal service l[] by (certified) (r~M"1!1Il mail, sende(s receipt attached hereto, and upon the appellee. (name) Robert D. Hockenberry, Jr. , on ~ tb'P/02 , 19_ 0 by personal service~ by (certified) (~ mail, sender's receipt attached hereto. Gl and further that I served the Rule to Filea Complaint accompanying the above Notice of Appeal upon theappellee(s) to whom the Rule was addressed on ,,' 3/6/0?, 19_ 0 by personal service 51 by (certified) (ragistsmot) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND UBSCRIBED BEFORE ME THIS} ~*~<.':X:l do. d_ ~itJ1I. ~) ~ ignature of affiant hom affidavit w madf} rWenlollicial , j~"~_1 ' ~~" 1 ___OClUNTY,PA My commiS$Jon expires on . , .. 1.100I ~ .., ,.....~,~ g s:: "Om fTlrn Z:D ZS;; cn~ 7, .L. ,<:0 ~8 >c ~ o N :x :c- ?O I -.l o -n -u ;Jl: r:? .-J ::!~ -n :'-i;::: ~~9 '-.' C) ;!'i"j .-.,., (',-- 70 0"" ?E' -< (.> SENDER: COMPLETE THIS SECTION' . Complete items 1, 2, and 3. Also complete item 4 if Restricted Qelivery is desired. . pri,nt your name and address on the reverse so that we can return the tard to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. "Article Addressed to: J Man:') ~/etjU" J/~ ftndtfPitL lui. tvJ IS Je FfJ / 7 ~ /15 ,. COMPLETE THIS SECTION ON DELIVERY A. Signature ivery 3. .~rvice Type J5! Certified Mail o Registered o Insured Mail o Express Mail Ii. Return Receipt for Merchandise o C,OD, 4. Restricted Delivery? (Extra Fee) 2. Article Number J J (Transfer from service label) '/ a 61 oJ 5 / () NJ os ,;J "7' 1 f () 1/ S o Yas PS Form 3811, August 2001 102595-01.M-Qa81 . 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 mailpiece, or on the front If space permits. f;b;;r';:;;OtiUJlm1j) <j(: ,Jq '/ ~hni ful.- fllJ() Vj/ /t f Ii / ,/"pJ.) } Domestic Return Receipt x o Agent o Addressee DYes ONo D. Is delivery address different from Item -Y"""lf YES, enter delivery address below: 3. ~ice Type ~ Certified Mail 0 Express Mail o Reglsterecl ~ Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811 , Maroh 2001 1tto /6100MI%1%196fJ1 102595.01.M-1424 Domestic Return Receipt . ~omplete 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 ca~ to the back of the mail piece. or on the front If space permits. 1. Article Addressed to: 3. ~rvice Type ~ Certified Mail 0 Express Mail o Registered jI1 Return Receipt for M~handlse o Insured Mail 0 C.O.D, 4. Restricted Delivery? (Extra Fee) 2. Article Number (TIansfer from service ~beQ '/ D M 16 1!J () /) N %'l! L) tJ .1)9 J PS Form 3811 , March 2001 Domestic Return Receipt -rk +Jbf) He/ell /.; .SfJuJetJberger pf)pay/55 :21 /{J. /31q 0fn174 11 Jle A)ujv/Jle pfJ /1rfJlf; ~ent o Addressee .'S delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No DYes 102595.01-M-1424 COMMONWEALTH OF PENNSYLVANIA _ COUNTY OF: CUMBERLAND 0;2 - 1001 CIVIL COMPLAINT 09-3-02 PLAINTIFF: NAME and ADDRESS ~t 1) . \'\cc..k",\:x:.,~'{..'-j"""3<:(.. ~q l SkcL'R'\::> L Ne-\..u\J".\ k. .'?A \'l.;1.~ \ VS. DEFENDANT: NAME and ADDRESS I m~<(..'( C)e..W-.:\ .;< \0 7ol'c:I..R.S~, P\. ~'V Cf<<...\\S\e. ,,\,~. )101.3 L I Mag. Dist No.: DJ Name: HOIl, HELEN B. SHULENBERGER Add"" P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 T,I'phOO", (717) 776 -3187 .J I Docket No.: c.U- '5"-02- Date Filed: J 1.>0/02- .J . AMOUNT DATE PAID / / / / I /'0 / 02- FILING COSTS $ SERVING COSTS $ TOTAL $ 5"'2i',oo TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ }.;L5o. 00 together with costs upon the following claim (Civil fines must inciude citation of the statute or ordinance violated) : ov\:S-tf\\\d. ~ \\~ Lao...", I. \" . verify that the facts set forth in this complaint are true and correct to the best of my knowledge. informatio ,and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. . . ~ 4904) related to unsworn falsification to authorities. Plaintiffs Attorney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the 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 least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may foHow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 30BA-9B COMMONWEALTH OF PENNSYLVANIA _ COUNTY OF: CUMBERLAND 09-3-02 COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NAME and ADDRESS 'HOCKENBERRY JR, ROBERT D ., 297 SHED RD NEWVILLE, PA 17241 L ~ Mag. Disl. No. OJ Name: Hon. HELEN B. SHULENBERGER Addeo,,, P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA T".phoc", (717) 776-3187 17241 DEFENDANT: NAME and ADDRESS 'cLEPPER, MARK R 210 PONDEROSA RD CARLISLE, PA 17013 L Docket No.: CV- 0000015 - 02 Date Filed: 1/30/02 VS. ., ~ ~- ~ HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 Disposition Date: 2/19/02 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judge CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. DISTRICT JUSTICE DECISION UPHELD - court has reached the same decision as the district justice judgment. DISTRICT JUSTiCE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeai has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. DISTRICT JUSTICE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of jurisdiction, or improper venue. WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC 7298-98 FORM PRINTED: 3/06/02 15:01:41 COMMONWEALTH OF PENNSYLVANIA . COUNTY OF: CUMBERLAND 09-3-02 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'HOCKENBERRY JR, ROBERT D 297 SHED RD NEWVILLE, PA 17241 L Mag. Disl.No.: OJ Name: Hon. HELEN B. SHULENBERGER Add,,,,, P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA T",ph.'" (717) 776-3187 17241 VS. HELEN B. SHDLENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 DEFENDANT: NAME and ADDRESS 'cLEPPER, MARK R 210 PONDEROSA RD CARLISLE, PA 17013 L g:;':-~,,: CV;~::~:l5-02 . :' ,. THIS IS TO NOtiFY YOU THAT: . Judgment: FOR 'PLAINTIFF Ii] Ii] Judgment was entered for: (Name) JlnC"'.1rRNRRRRV .TV VO'RR'R'I' n Judgment was entered against: (Name) l'!T .RPPRR 1 Ua. 'ilK' R in the amount of $ 1 'lOR 00 on: (Date of Judgment) 2/1Q/02 . D Defendants are jointly and severally liable. D Damages will be assessed on: (Date & Time) Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount o/Judgment $ 1.250.00 Judgment Costs $ 58.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1.308.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ D This case dismissed without prejudice. D D D Levy is stayed for days or D generally stayed. Objection to levy has been filed and hearing will be held: Date: Place: Time: 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. , District Justice ,\" .'....t.,,' I certify that this is a true and correct copy of the record of the proceeding~ tOJit~tning t~e.ludgr.]lent. :' "", .. " ~. ", '. .~ Date .. ^.::c':' ".' ." , Dis.trici..~ustice ! ~--' : ~", , , My commission expires first Monday of January, AOPC 315-99 2006 ;-. "',....-:--. . \ '. "\,. SE~L~. ." .,,', ... '.~ '. . . ..'~, -\., " .~~ ... . . . . . ~ " '\' .,' ...., . '~,' .( .' r. .' ~'~'..' . ~.,~!, ""<'.Hr'" >- c, ?: (~ ('-.., f~ 2 ",J ::., -< r'~, Z n':';,.. ;:) <( \.J_ ...., -> :::.1 r- :,~G; I .:l2 c.;:: ~L;::>' "J~ ~",:i:: ~..D r.; 2 L.:_ N :::> (J a U SAlOIS ,HUFF, FWWER & LINDSAY ^'lTORNEYS'AT'UW 26 W. High Street Carlisle, PA ROBERT D. HOCKENBERRY, JR., Plaintiff v. MARK R. CLEPPER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Cvv.<.t 100' : No.: cv.eSeeS1S-02 PRAECIPE FOR NON-PROS TO THE PROTHONOTARY: Plaintiff to file a complaint. Please enter judgment for non-pros in the above captioned case for failure of the DATE :J.. 3, 0"2--- Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY ~ ~ "t 0 c. 0 C r'>J ~ ::.::"'. 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