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HomeMy WebLinkAbout06-1401 rill ~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0' - fc.{..()f (I; 1~J , 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 t ate and in he ~ j:efeuwc:ed below, U:., LJL)""I~o.J J NA OF APPELLANT ~ DOCKET No. SIGNA NAMcrl"'a...~~ fT el~C;~ R.ATE ZIF'"CODE l"-'~ \7<..\))'" ~ {~endanlr ,:~~-S::~~,JK RE OF A.PPEllANT OR ATTOP.!'iEY OR AGENT ~J, C!..J - 0 U 0 Cl ~ 1--c.G' This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.CPDJ No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal. when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days alter 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 ONL Y when appellant was DEFENDANT (see PaR.CPDJ No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be selVed upon appellee. PRAECIPE: To Prothonotary Enter rule upon ~l:" U~-\ C ~~ ~ appellee(s), 10 fIle a complalnl in Ihis appeal ame of appellae(s) (Common Pleas No. ~.~ - ttfo I (7) ~ rlL ) within twenty (20) days after selVice of rule or suffer entry of judgment of non pros. Signa ur 0 appellant or attorney or agent RULE: To R V r= L\':c ~~ ~GJ..J ~ . appellee(s) - ---Nameofappellee(sJ--- (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 selVice of thi~ rule if selVice was by mail is the date of the mailingJ /k . Date: ,,~. I 1-5,20 0 (, _. , /l.. __~1~ ~~ I r LfLJ'./< .r..J ..- / SignU' of rothon7irtJ'~Y YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312.02 WHITE COURT FilE TO BE FilED WITH PR01HONOTARY GREEN - COURT FilE YEllOW - APPELLANTS COpy PINK - COPY TO BE SERVED ON APPELLEE GOLD - COpy TO BE SERVED ON DISTHtCT JUSTICE 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 01 the notice of appeal. Check appitcabio boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : 55 AFFIDAVIT: I hereby (swear) (affirm) that I served o a copy of the Notice of Appeal, Common Pleas , upon the District Jusllcl'! designated therein on (date of service) 20 0 by personal service 0 by (certified) (reqlstered) mali, -------- sender's receipt attached hereto. and upon the appellee, (name) un ,20 0 by personal service by (certified) (reqls/ered) mali, sender's receipt attached hereto. (SWORN) (AFFIRMED)AND SUBSCRIBED BEFORE, ME THIS._ DAY OF 20 Siqnalure of aiif:Jili Signature of official bdore whom ;:lffidavit was made Title of official My commission expIres on 20 'I ___l ,,-: c: ',., , ,~ , COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist. No: NOTICE OF JUDGMENTfTRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'RUELBHS, JENNIFER C/O PO BOX 2013 #010170806754 KG ~CIlANI~SB~G, PA 17055 "".,.",. ,',/, VS.' ''bEFE~P~NtF:'' - :,NAME and A6DREss'" rnEI!'~i,JE'Fi ET!L. 1420, WELI,GATE LAllIE MECIlANICSBURG, PA 17055 L I 09-1-01 MOJ Name: Hon ',":"', :" ,:,>~e:'':'7:~'/ "":1.. ;'~.','~ "'.' CHARLES A. CLEMElTT, JR Add"" 400 BRIDGE ST OLDE TOWNE COMMONS -S~ITE 3 ;', '. "lIlEW'CtJllB:BRIiAND~' PA~' ..., T,,;,hoo, ('117) 774-5'989' 17070 ~ {ii' JEFF DEFRANK 1420 WELLGATE LAllIE MECIlANICSBURG, PA 17055 Docket No,: CV-0000742-05 Date Filed: 11/28/05 .~,...~._~.~l;Ii!~,~~\~~~r.~'(XP\,IJJ1A!.~""",~,..,,...,":P'oR.''Pt;xfiiTT:tFl!' ".,,~, .*,.", .,;:;;:''"'-c:'' liJ liJ Judgment was entered lor: (Name) 'RTTRT."IlVa, :nnn1'T'Ii''R''D Judgment was entered against: (Name) nRJP'DAVIr. nUl'ITIH in the amount of $ A 127 1;0 on: . (Date of Judgment) 2/11/0E; . . 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. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 8,000.00 Judgment Costs $ 127.50 Interest 011 Judgment $ .00 Allorney Fees $ .00 Total $ 8,127.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ----------- Certified .Judgment Total $ .ANY PARTY HAS THE RIGHTTO .APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING P. NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT 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,~LL FURTHER'1>flocES!1 MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MA Y BE ISSUED BY THE IIIlAG.ISTERIAL DISTl:lICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED i~THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAY's IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. : . - " < Date ~ .~- , Ma9isterial District Judge I certiJy that this is a true and correct copy of the record of the proceedings containing the judgment Date 'Magisterial District Judae ~ I My commission expires first Monday of January, 2008 SEAL AOPC 315.05 DATE PRINTED: 2/14/06 10:29:07 AM .-.", f?)~ <rU ~l~ ..c:. .p\ ~, '- ...- '--\ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District. County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL ! / Vi /u /' : , '.,/). ~. Notice is given that the appellant has filed in the above Court 01 Common Pleas an appeal lrom the judgment rendered by the District Justice on th8'Q,ate and in \!,e eas.. rel~nc~d below. 1 " _..; ;t.._'l",_.._) \,'"' 'c:..'-J/l.J If. N OF APPELLANT .'0"., "'7''':'': "'~:( ':;;.- ~-f: ;--\ .~'\--~' !(,;;<!,.' " : " MAG. DIST. NO. -" c.., "\ ' U . 1"(.; \ NAME OF D.J. '" ! ~::. t,'.!,', ...,,- " iSTATE , , ,"',\.l, I. ~ . () Zl CODE ",.;"~ CITY ADDR S OF APPELLANT ~ ( '\ ,~J,)'" .:.i..\ IN THE ~~ OF (Plaintiff} ,<, \,J';':" (Oefendenl)' DATE OF JUDGMENT " ( .J\~J. ~ ~; , ,"f , -t. >/$",_ \ \ l'~ ::.;.:" SIGN/>: URE Of APPELlANT OR ATTORNEY OR. AGENT DOCKET No. (J - ." .- ,~ '.J -..1 :::C?{ ;... ~)') "--'~'", ., This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action RC.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days alter filing the NOTICE of APPEAL. SigrtatureotProthonot81}'orOeputy 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 PaRCP.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of nolice of appeal to be served upon appellee. PRAECIPE: To Prothonotary r Enter rule upon ~. , 1\ . \ \ , ~: >. .~ ~i i/ ',,-,11') 'Nam8 of appe!l8e(s) '\ \,A. appellee(s), 10 file a complainl in Ihis appeal (Common Pleas No. i.. ',,". ./ ,.,! . ., , i t ) wilhin twenty (20) days aller service 01 rule or suffer entry 01 judgmenl 01 non pros. . siijrit!lture of ~;~lfaiifbr attorney or agent RULE: To ,"'\ .,'.~. i) " I.',' 't--)'-~}, Name of appel/ee(s) "'.. ,.\,..", ,)C~. ,appellee(s) - "......._, (1) You are notified that a rule is hereby entered upon you to file a complaint in Ihis appeal within twenty (20) days aller the date 01 service of this rule upon you by personal service or by certified Of registered mail. (2) II you do not file a complaint within this lime, 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 i.i )l't;.., .' '"l.... . /. Ji" signafui13 ofProtho/'rotsry or~puty "./ ' , YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL AOPC 312.02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN. COURT FILE YELLOW - APPELLANT'S COPY PINK - COpy TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE n S "> = ,''::;:' '::::.-.. ~ h. ~ "'y (J -.-, :.,-:1 ["i1.::n f-- -.-~)I~ ,.;u ~~:tc~; rIJt::" -:",. :!.,';' ,,~ N r-" ..:,- ,.";" J::? -.t.. -~ ",.....,.. '_.:< '_::c.:.-S C)r'j '~ 5J -< X'C ?~. -.... -.co "'"' 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 appiicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Q.U ~~ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served o a copy of the Notice of Appeal, Common PleasOb .IYo/ ,upon the District Justice designated therein on --------- (date of service) I"'{JP.LI--~ , 200" _' 0 by personal service I!J/ by (certified) (r(~Ste;:edljmall sender's receipt attached hereto, and upon the appellee, (name)~_cif--..._..___~cc'o.==-,_._.. ,on _ 1"r1~ .;).../ ,20 (/ G.,_. 0 by personal service l.:j,-1ly (Certified:<!':egistered)lJ,ail, sender's receipt attached hereto. /). - - "/, ,/1 // /,-~/!/ ,/ ,{;~;:rp /' ~~[ ;:/tll/<tJ; '\ . SJgnatum of affiant (SWOBJ><'/-.!AF!iRMED)AN~BSCRIBED BEFORE ME ~Ir.\~'/J~,-- DAY OF ~:'1.~J.:- ,-:-201.l,L 011 k,K.,\'.:ica~av signaN'7: 01 ~fficial belO~daVit we, made e-to./0{ 1 bJ.."lC Title of official ( ! My commission expires on _~~_ ~~l__, 20~L_. NOTARIAL SEAL ClAUDlAt BREWBAKER. NOTARY PUBLIC Ca/li8leBoro ~IdCounlY My ('.omrnisSiOll E>qllreI April 4, 2009 . , Johnson, Duffie, Stewart & Weidner By: Wade D. Manley LD. No, 87244 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attomeys for Plaintiff JENNIFER RUELENS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1401 v. CIVIL ACTION - LAW DUSTIN DEFRANK and JEFF DEFRANK, ARBITRATION DEFENDANTS PRAECIPE TO STRIKE APPEAL TO: PROTHONOTARY Please mark the Defendants, Dustin DeFrank and Jeff DeFrank's, appeal stricken from the record pursuant to Pa.M.D.J.R.C.P, 1006, for failure to comply with Pa.M.D.J.R.C.P. 1005B, for failure to attach sender's receipt to Proof of Service, as evidenced by Exhibit A attached hereto. DATE: ~(~{o~ JOHNSON, DUFFIE, STEWART & WEIDNER By: (N~ r; ead:272152 22740-2036 ~RY tyh;b,'t ;4 " <) "" c: "'" c.:> ".::;:) "l:7C' c'"" .., '1,. 4: ~ .::~'!.. "'- ~ --;"'r =v L.l:r :!,'.' N ~,) 1fT: ,. N 'nD ..;- '~;;t) p. "'" ., ::J: "{ -:"" (j c: - Drn :.< -I 2' .:0 "'"" -< PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prool of service MUST BE FILED WITHIN TEN (10) DA YS AFTER fifing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Qp ~~ ; 55 AFFIDAVIT: I hereby (swear) (affirm) that I served o a copy of the Notice of Appeal, Common PleasO{,'. iYa/ , upon the DIstrict Justice designated therein on .----.---- (date of service) 'h!IJruJ.,.:jj ,200 c;. _' 0 by personal service I!J/ by (certified) (r(tStere(j),mall. sender's receipt attached hereto, and upon the appellee, (name) . . on /71.~ ;;2...1 .20 0 <. 0 by personal service [!J~y 'i~;;rtl;ied~e~I~;;;ea;~~;I. sender's receipt attached hereto. ?;_. . . ,(jMJ';;J/;;i:}:~l/tt;( . SIgn8tU(Il of ,jfti8'lt (SWO~),,{AFF RMED) AN~BSCRIBED BEFO~E ME ('11 I~..ld.~ '- DAY OF ~:'l. --e.l-_ ,;.20.<-'\,.1_. )rHl L \={,\J. 1ca ~'a,( signaN'7 01 ~fflCI.1 beIO~""V" w", mede eto.A<1 J bJ...Je' Title of official ( , My commission expires on _~_ -I...~L-, 2ol'f'L. NOTAR\AlSEAl ClAUDIA' ~.NOTARYP\lBUC Ca/hle1lolO cu.otla.1llldCounlY My eomr.iIIi<"' e.plAlI ApoI4, 2009 .' CERTlFICA TE OF SERVICE AND NOW, this ~()'0 day of tlA,,,~ 2006, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dustin DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 Jeff DeFrank 1420 Wellgate Lane Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: , ,. ~-- ') r') \.:ll -, -\~- I":' ~._... \ __l \ ','... (-, c..r..