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Home My WebLink About02-2768?JMMON~EALTH Of PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County Ninth NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT CO~*tG PLEAS No. ~2- 2 7~ NOTICE OF APPEAL Notice is given that the appdlant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Distr'~ Justice on the data and iff the case me~oned below. Exca!iber Homes 09-3-05/Gayle A. Elder 765 Orrs Bridqe Road Mechanicsburg PA 17055 Rzt~ner's Electrmc, Inc. / 5/22/02 Davzd R. Rittner ~ Excaliber Hc~s LT ~e ~k ~ck ~11 ~ ~ ONLY ~ this ~fi~ is ~ui~ u~ P~ R~J~. ~ I~l~t ~ CLAIMANT (S~ ~. R.C.P~.P. No. 1~8~ ~s ~ of A~I, ~ ~ ~ t~ District Jus~e, ~11 ~ as a 1~1(6) in ~ ~f~ ~ict J~e, ~ ~ST ~R~S ~ ~ j~ ~ ~d~ in ~is ca~ FILE A C~AINT within ~y (20) ~ af~ filing his ~CE of A~EAL. s~ of ~y ~ ~ty PRAECIPE TO EhlEK RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fomt 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 frown copy of notice of appeal to be served upc~ appellee). PRAECIPE: To Prothonotary Rittner's Electric, Inc./ E.~ role upon David R. Rittner . appdh~s), ta file a com~a~t in fl~s appeal (Common Pleas l~ ~- ~'T&~ ~ ~ ) within tw~ty (20) days afto~.~-vice of rj~ or suffer entry of iudgment of non pm~. RULEt To David R. Rittner . appe~e~s). James D. Boga~4~EsquJ~e, Attorney N~ne of eppelle~s) (I) You am notified that a rule is hereby entered upon you to file a complaint in this apped within tv~nty (20) days aftra the date of smvice of this role upon you by personal service or by certified or registered mail (2) If you do not file a compkzint 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. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ........................... ; SS AFFIDAVIT: I hereby swear or affirm that I served, [] a copy of the Notice of Appeal, Common Pleas'No:., upon the District Justice designated therein on (date of service) ..... , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ......... on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] 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 [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ......... DAY OF .............. Title o! o~¢cia! My commission expires on (~OMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag, Dist. NO.: 09-3-05 OJ Name: Hon. GAYLE ~. ELDER ~dress~ 507 N. YORK ST. MECHANICSBURG, PA (717) 766-4575 17055 ATTORNEY DEF PRIVATE JAMES D. BOGAR,ESQUIRE i WEST MAIN STREET SHIREMANSTOWN, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~'] Judgment was entered for: (Name) Judgment was entered against: (Name) NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~RITTNER ' S ELEC. INC. DAVID R. RITTNER-] 4925 GETTYSBURG PIKE MECHANICSBURG, PA 17055 VS. DEFENDANT: NAME and ADDRESS ~]rCALIBER HOMES ~ 765 ORRS BRIDGE RD MECHANICSBURG, PA 17055 Docket No.: CV-0000105-02 Date Filed: 4/26/02 FOR PtATN'PT~F in the amount of $ 2: 4'4o _ ~;n on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. [~] Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ [] Levy is stayed for days or [] generally stayed. E~] Objection to levy has been filed and hearing will be held: (Date of Judgment) (Date & Time) Amount of Judgment $ 2~360.00 Judgment Costs $. 70.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,430.50 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. '~ ,,1~, .~/~-, '~.--Date , District Justice II ~ertify t~at this is a true and correct copy of the record of the proceedings containing the judgment. Date _, District Justice 2006 SEAL My commission expires first Monday of January, AOPC 315-99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. %~ ap'~.cab~es) COUNTY OF CLt~B~.RLAND__ .; SS AFFIDAVIT: I hereby swear or affirm that I served ~ a copy of the Notice of Appeal, Common Pleas No. 02-~768 c~v~[ me.pon the District Justice designated therein on (date of semce) 3~e 7, 2002 , ~ by personal service ~ by (certified)~ mail, sender's receipt a~ached hereto, and upon ~e appellee'~name) R~ttne~ ~ s ~[ect=~c, [~c./~v~ R. ~tt~e~_, on ~ by personal service ~y (certified) ~d) mail, sender's receipt attached hereto, ~ and further that I s~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 5~e .~ 2002 ...... ~ by personal service ~ by (certified) (~) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS f~,k. .... DAY OF ~Ur'l~ .., i ' (),' ~ S~nature of official before whom affidavit was made My commiS,,i~m expires on. Signature of affiant Certffied Fee 1::3 ~ (Endo~nt Required) i~ Restricted Delivery ~=ee~ (Endorsement ~equlre~J Total postage & Fees r"l t.rl ,-.1 r-'l i-'-, p~tage Certified Fee Return Receipt Fee ~ (F. ndo~t Required} ~ Restricted Delivery Fee f-'l (Endorsement Required) ,"'1 Totat Postage & Fees RITTNER'S ELECTRIC, INC./ DAVID R. RITTNER, Plaintiff VS. EXCALIBUR HOMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2768 CIVIL TERM PR~ECIPE FOR JUDGMENT NON PRO~ TO: Curtis R. Long, Prothonotary Cumberland County Kindly enter Judgment Non Pros in favor of Excalibur Homes, and against Rittner,s Electric, Inc./David R. Rittner, Plaintiff, for failure to file a Complaint. It is certified that a written Notice of Intention to file this Praecipe was mailed (delivered) to Rittner,s Electric, Inc./David R. Rittner, Plaintiff, against whom this Judgment Non Pros is to be entered after the default occurred and at least ten (10) days prior to the date of filing this Praeoipe. The Notice of Intention to file the within Praecipe along with the Certificate of Service, is attached hereto and incorporated herein. Date: ~J~ ~C~O~_ Judgment is hereby entered as above. Date: ~j.j q JOe J- ~A/~ES D. B~R, ESQUIRE Pa. I.D...N~.. 19475 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Defendant Excalibur Homes Curtis R. Prothonotary Defendant, '000 1530 0001 0192 2470 RITTNER'S ELECTRIC, DAVID R. RITTNER, VS. EXCALIBER HOMES, INC./ Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2768 CIVIL TERM TO: Rittner's Electric, Inc. David R. Rittner 4925 Gettysburg Pike Mechanicsburg, PA 17055 DATE OF NOTICE: June 28, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 JA~E~ D. 'BOGAR,, ~SQUIRE Pa. I.D. No. 1~ One West Main Street Shiremanst own, PA 17011 (717) 737-8761 Attorney for Defendant Excaliber Homes CERTIFICATE OF SERVICE I, James D. Bogar, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: Rittner,s Electric, Inc./David R. 4925 Gettysburg Pike Mechanicsburg, PA 17055 Rittner Date: June 28, 2002 B~a, Esquire WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY & WEST PENNSBORO TOWNSHIP, Plaintiffs RICHARD WILSON and : MARY WILSON, husband and : wife, : Defendants : : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 03-2768 EQUITY IN RE: PETITION FOR INJUNCTIVE RELIEF ORDER OF COURT AND NOW, this 20th day of June, 2003, the within caption is amended to reflect as a co-plaintiff the Township of West Pennsboro. By the Court, Steven J. Fishman, Esquire For the Plaintiff ;/,Richard and Mary Wilson 140 Greason Road Carlisle, PA 17013 : bg Ke Hess, J, 0&-20