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Home My WebLink About06-3049COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. O G- 3 0 Y 9 l r -a -7L 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 Magisterial Dis Judge on the date and in the case referenced below. NAME OF APPELLANT MAD. DIST. NO. NAME OF MDJ Dan Lacey, Empire Auto Sales DBA Vantrans 09-3-04 Thomas A. Placey ADDRESS OF APPELLANT CITY STATE ZIP 285 Route 46 East Little Ferry NJ 07 DATE OF JUDGMENT IN THE CASE OF(Plaintilp (Derendent)' 04/27/06 H&A Jones Assoc. DBA EC Gaines Auto D. Lacey, Empire Autosls, DBA Vantrans CV-0000119-06 ? ?/ram was Cl(see Pa. R.C.P.D.J. No. 1001(6) in ac R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FI operate as a SUPERSEDEAS to the judgment for possession in this case. within tw (20) days after filing the NOTICE of APPEAL. Signature of Pmthonofa y 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 Magisterial Dis Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon H&A Assoc. DBA EC Gaines Auto appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. V `- 3 04 cl ) within twenty (20) days after servic f le or suffer entry judgment of non pros. 41, Signature of appellant or attorney or age Peter M. Good RULE: To H&A Assoc. DBA EC Gaines Auto 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 ser 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: May 2 2006 „r,J Q -h ? Signature ofProthonotaty orD YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM t_yWITH Y/THIS NOTICE OF APPEAL AOPC 312-05 N cf, C7 _ f VI z 9/2006 v1V1VVVtAL I H OF PN20 NSYLVANIA rCOUNTY OF: CUMIM AD 0151. Na.: 09-3-04 Ny e' MOS. TROKU A. PuLCRY Atltl'BBS 104 S BPORTIIiG BILL RD KXCBAEICBBftQ, PA EMPIRE AUTO SALES Taiephw.: (717 ) 761-8230 17050 Y, i0[PIRR AUTO8L8, DBA: VANr"xB 85 RT. 46 B. ITTLE rWMY, IIJ 07643 PAGE 02 NOTIwe OF JUDGMENCT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME Wd ADDRESS _ 54rA STOEE8 ABSOC DBAi RC OAIIi8 ADTO TRAESPORT P.O. BOX 1206 LIIECBABICBRURA, PA .17055 J DEFENDANT: VS' NAME end ADDRESS FD.LiAM,=WZRS ADTOSLS,DBAiVAl1TWOd 285.RT. 46 R. LITTLE MERRY, NJ 07643 L_ J DocketNo.: CV-0000119-06 Date Filed: 2/28/06 IS IS TO NOTIFY YOU THAT: Judgment: _DELrAiTim ttmnr+ew P* T)• = Judgment was entered for. (Name) arsA :Tn=n I,aann nut, xe+ riT=_ Z Judgment was entered against: (Name) n _ r-1k MM74= AlMnAr a ZMA-T& Ault in the amount of $ I. 661 TD on: (Date of Judgment) _ 4/171ns Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: Amount of Judgment $ 1.591.20 Judgment Costs $ 70.50 This case dismissed without prejudice. Interest on Judgment $ . 00 0 Attorney Fees $ 10 Total $ 1,661.7 0 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ Portion of Judgment for physical Post Judgment Costs $ damages arising out of residential --======e= lease $ CerttBed Judgment Total $ Af Y PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTKONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU Must INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. E EPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUD EMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COMi FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UWLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REhUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SET?LES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ' - Date Magisterial District Judge I c rtify t,hat this is a true a cor eO ,e p oceedings containing the judgment. I Date r Magisterial District Judge tJl)? commission expires first Monday of January, 2010. SEAL AOIIPC 315.05 DATE PItIBT=t 4/27/06 10061;49 AN ?G ^ a rF\ N Gr, .?e n N o O rn -` N -ern CT f j , J ? O A 304q Common Pleas- 06-2049-Civil June 14, 2006 Plaintiff: H & A Jones Assoc. DBA/ EC Gaines Auto Transport Defendant: Dan Lacey, Empire Auto Sales/ DBA Van Trans Plaintiffs Complaint not to Vacate Judgment H & A Jones Assoc. Requests that this case not be reinstated and that the appeal not be granted to Defendant: 1. Defendant legitimately owes the Plaintiff and is using the court system to stall just Payment. Exhibit "A" Copy of invoices for transportation of vehicles which customer owes Plaintiff. Exhibit "B" Civil action hearing Notice, which defendant did not file a defense as ordered. Exhibit "C" Copy of Judgment which was entered on the behalf of Plaintiff, where Defendant did not respond to trial notice and did not attend trial. Therefore, based on the foregoing I respectfully request that the Judgment stand as originally ordered by the court due to the fact that the defendant does not have a legal basis for a new trial. Respectfully submitted, .1"'i'l X( Au M. Gaines- ones I hereby certify on this 14'h day of June 2006 that a copy of this Motion not to Vacate Judgment was mailed first class postage prepaid to: Defendant Dan Lacey Empire Auto Sales/DBA Vantrans 285 Route 46 East Little Ferry NJ ' E.C.?Gaines Auto Transportation Invoice PO Box 1206 Mechanicsburg, PA 17055 717-554-4518 717-791-9972-Fax BILL TO 1 Van Trans 285 Rt 46 E Little Ferry NJ 07643 DATE INVOICE # 12/11/2005 568165 P.O. NO. TERMS PROJECT jeremy Due on receipt DESCRIPTION QTY RATE AMOUNT vehicles transported from T &, G to lot 7 120.00 840.00 97 Safari 508124 99 Quest 809431 97 Explorer A14437 99 Intrepid 646846 99 SPortage 5595468 00 Jetta YM001180 95 Nissan Maxima ST044377 Total $840.00 All invoices are due with in 30 days of billing date and are subject to 3% late charge, or a minimum of 5.00 per invoice, which ever is greater. &- X4(-? 4 A E.C-Gaines Auto Transportation /r'?7 Invoice PO Box 1206 Mechanicsburg, PA 17055 717-554-4518 717-791-9972-Fax BILL TO Van Trans 285 Rt 46 E Little Ferry NJ 07643 DATE INVOICE # 12/21/2005 568168 P.O. NO. TERMS PROJECT jeremy Due on receipt DESCRIPTION QTY RATE AMOUNT vehicles transported from T & G to lot 5 120.00 600.00 12/20/05 99 Express Cargo Van X1045301 97 Pathfinder VW165385 99 MercuryVillager XDJO6909 97 Ford E250 Van VHB20408 % Toyota Avalon TV 134758 97 Nissan 200sx VC501361 transported from pade to lot 12/21105 1 110.00 110.00 Total $710.00 All invoices are due with in 30 days of billing date and are subject to 3% late charge, or a minimum of 5.00 per invoice, which ever is greater. COMMONWEATH OF PENNSYLVANIA EOUNTY OF: CUMBZRLAND Mag. Dist. No.: 09-3-04 MDJ Name: Hon. T1OI?AB A. PLACEY Address: 104 S SPORTING HILL RD zZmANICSBURG, PA Telephone: (717) 761-8230 17050 R&A JONES ASSOC DBA: BC GAINES AUTO TRANSPORT P.O. BOX 1206 , PA 17055 CIVIL ACTION HEARING NOTICE PLAINTIFF: NAME and ADDRESS rK&A JONES ASSOC DBA: EC GAINES AUTd TRANSPORT P.O. BOX 1206 L1[ IIIIICSBURG, PA 17055 J vs. DEFENDANT: NAME and ADDRESS rD. LACEY, MWIRS AUTOSLS, DBA: VAwrRm-0 285 RT. 46 E. LITTLE FERRY, NJ 07643 L -? Docket No.: CST-0000119-06 Date Filed: 2/28/06 Ila A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for: Date: 4/27/06 Place: DISTRICT COURT 09-3-04 104 S SPORTING HILL RD Time: 8:45 AM lLBCHANICSBURG, PA 17050 717-761-8230 NOTICE TO DEFENDANT If you intend to enter a defense to this complaint, you should so notify this office immediately at the above telephone number. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. Pursuant to Pa.R.C.P.D.J. No. 342(B)(2), no claim by the defendant will be permitted in a supplementary action filed for failure of judgment creditor to enter satisfaction. NOTICE TO PLAINTIFF Pursuant to Pa.R.C.P.D.J. No. 318, you or your attorney will be notified if the defendant gives notice of his/her intention to defend. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District'Court at the above address or telephone number. We are unable to provide transportation. DATE PRINTED: 3/01/06 10:37:01 All[ AOPC 3088-05 COMMONWEALTH OF PENNSYLVANIA not krrv nc• CUMBERLAND Mag. Dist. No.: 09-3-04 n r C'A MW Name: Han. THOMAS A. PLACEY Address: 104 S SPORTING BILL AD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 C__ NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rK&A JONES ASSOC DBA: EC GAINES AUTa TRANSPORT P.O..BOX .1206 PCHANICSBURG, PA 17055 DEFENDANT: 5. LACEY, ZMPIRS 285 RT.. 46 E. LITTLE FERRY, I VS. NAME and ADDRESS AUTOSLS,DBA:VANTRAN9 NJ 07643 HAA JONES ASSOC DBA: EC GAINES AUTO L J TRANSPORT Docket No.: CV-0000119-06 P.O. BOX 1206 Date Filed: 2/28/06 MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: -Judgment: n?>lsm.?r :rrmc?[:r?r PL= ® Judgment was entered for: (Name) wzA jDMEm ASSM nuA - EC ta,rtor>I?? Q Judgment was entered against: (Name) n Lsc»c KPiRV AffrORT 2, DEAL- VAN" Lug in the amount of $ l _ 66,_ 1_ 7 n on: ? Defendants are jointly and severally liable. ? Damages will be assessed on: This case dismissed without prejudice. (Date of Judgment) _4/27./e6 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Amount of Judgment Subject to ? Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ 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 COMMONPLEAS, CIVIL DIVISION. YOU - MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT 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. Date Magisterial District Judge I certify at this is a true ar(d correct-se 1-11 ?e pfoceedings containing the judgment. 21 ?b Date , Magisterial District Judge My commission expires first Monday of January, 2010 . SEAL AOPC 315-05 DATE PRINTED: 4/27/06 10:36:49 AIL (3 ?a ?? ? J ?-- --r ?... n -n r= ,? ? ,_.r, --; ?, w? ?9 ?._ 1f.° ?. .. _ ? :s ` .??. ?? ???! l? ?_? .? r O w Z'ry qJJ ? ? p . \ Common Pleas- 06-049 Civil June 26, 2006 Plaintiff- H & A Jones Assoc. DBA/ EC Gaines Auto Transport Defendant: Dan Lacey, Empire Auto Sales/ DBA Van Trans Response to Ten day Notice of Service I Audra Gaines-Jones respectfully attach a copy of our Complaint not to Vacate Judgment which was filed with the Court of Common Please, Cumberland County on June 14, 2006. I have sent certified mail a copy of these documents to the following Parties: Dan Lacey. Empire Auto Sales/DBA Van Trans 285 Route 46 East, Little Ferry, NJ Smigel, Anderson & Sacks„ LLP Darryl J Liguori, Esquire 4431 North Front Street Harrisburg, PA 17110 Sincerely, Audra Games-Jo s H & A Jones assoc. C-1 - - . -' -.. ? r Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor to - 3 0'-/ 9 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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 One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573