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HomeMy WebLinkAbout06-7032COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 39 th Judicial District, County Of CUMBERLAND ' NOTICE OF APPEAL FROM /a_ 7.46 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. D G - 7G .32 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 referenced below. v nv. I nnmt Ur U.J. Danielle Strawsburg 0"9"-"3 -01 Harold E. Bender 112 - • •• •- ur wuc Kevins Ct., Smithsburg, Maryland 21783 DATE OF JUD MENT IN THE CASE OF (Plaintiff) (Defendant)' 1101/2006 Kara Hose v._ Danielle Strawasburt? This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. Sonature of Prothonotary 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Kara Hose appellee(s), to file a complaint in this appeal Narne of appellee(s) (Common Pleas No. within twenty (20) days after service of rule suffer entry of judgment of non pros. Signature o/appellant orattomey r gent I RULE: To Kara_ Dose 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 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 service of this rule if service was by mail is the date of the mailing. Date: 7, 20 04 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT 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 K"'y ??a ?•? ? ? '? "r 7 ° r . ; t"`3 `` t 1'' `?' t - -_ ?; ?.! ? ?1 ._ ?? ? ?t_ r-'?.' 7 . '. J .: . ?. ? . ,? ` t t t `? ??? Danielle Strawsburg, IN THE COURT OF COMMON Appellant PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 44 - 703,?- Kara Hose, Civil Action - Law Appellee Motion to Allow Appeal Nunc Pro Tunc AND NOW, comes Appellant Danielle Strawsburg, by and through her attorneys, Trgovac Law Offices and avers as follows: I. Appellant had a Magisterial District judgment entered against her on November 1, 2006, however this Judgment was printed on November 3, 2006. See Exhibit "A". 2. Pursuant to Pa.R.C.P.M.D.J. Rule 1002 appeals must be filed within 30 days, which in this matter would have been November 5, 2006 based upon the printed date. 3. Appellant's attorney's office placed the appeal in the mail on December 1, 2006 by regular mail and obtained a receipt of mailing. See Exhibit "B". 4. On December 5, 2006, the Prothonotary in Cumberland County advised Appellant's attorney's office that they would not accept the appeal because it was late and not on the prescribed form. See Exhibit "C". 5. Appellant believes that the appeal was timely based upon the printed date on the Judgment. However if the Court does not agree, then the appeal was due on December 4, 2006. Based upon Appellant's attorney's experience in mailing items to Cumberland County, they believed that this matter would arrive by December 4, 2006, which would have been timely either way. 6. Although Appellant's attorney did not file the appeal on the designated form, the Notice was substantially in compliance. A copy of the Judgment was attached and all relevant information required by the form is included with this judgment. Therefore, Appellant should be allowed to proceed with this appeal. 7. A copy of the correct form is enclosed to be filed upon relief being granted. WHEREFORE, Appellant respectfully requests this Honorable Court to all the appeal to be accepted nunc pro tunc. Date: 1 /6 16 to Respectfully submitted, TRGOVAC LAW OFFICES Carrie M. Bowmaster, Esquire Attorney I.D. No. 70226 Thomas J. Trgovac, Esquire Attorney I.D. No. 85426 Trgovac Law Offices The Professional Arts Building 25 Penncraft Avenue, Suite 310 Chambersburg, PA 17201 (717) 262-9091 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief based upon the information provided to me. I understand that false statements herein are made subject tot eh penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: r2- T Carrie M. Bowmaster CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached Motion on the following individual by mailing a copy by First Class U.S. mail, postage prepaid as follows: Kara Hose 304 North Fayette Street Apartment/Suite 405 Shippensburg, PA 17257 Appellee Date: r z c, a L. Respectfully submitted, Carrie M. Bowmaster Attorney for Appellant Attorney I. D. No. 70226 Trgovac Law Offices 25 Penncraft Avenue, Suite 310 Chambersburg, PA 17201 (717) 262-9091 COMMONWEALTH OF PENNSYLVANIA r:nl INITV nF• CUMBERLAND Mag. Dist No.. 09-3-01 MDJ Name: Hon. HAROLD E. BEMER Address: 35 W ORANGE ST SHIPPENSBURG, PA Teieo.e (717 ) 532-7676 17257-0361 DANIELLE STaAWSBURG 112 -EEV1RS CT SKITHODURG, N11 21783 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PL 117" ,FF NOTICE OF JUDGMENT/TRANSCRIPT --- --------- VII-C-A#SE----- -- - -- - --- 'PLAINTIFF: NAME and ADDRESS THOSE SARA , 304 H FAYETTE ST APT/STS 405 SHIPPENSBURG, PA 17257 L J VS. DEFENDANT: NAME WW ADDRESS I'STRAWSBURG, DANIELLE ? 112 X19VINS CT 8KITESBURG, HD 21783 L J Docket No.: CD-0000200-06 Date Filed: 10/05/06 _ (Date of Judgment) 11101106 © Judgment was entered for: (Name) HOSE, KAjiA ® Judgment was entered against: (Name) 561 7 STRAWSBURG, DANIELLE in the amount of $ F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed Without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 501.75 $ 0.00 Judgment Costs Interest on Judgment $ .00 Attomey Fees $ .00 Total $ 561.75 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 FIL NG 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. 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. r Q Date , Magisterial District Judge 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, 2012 , Magisterial District Judge SEAL AOPC 315-06 DATE PRI>DiTBD : 12/03/06 1:49:00 Pm T Cn T O w m V m N 0 T 3 0 d °o. CID 19 0 o I o m in <' v m c O T a T En MC) (n D P Z T 0 C;o r - (n m o CHAMBERSBURG POST OFFICE CHAMBERSBURG, Pennsylvania oD 172019998 A 0 4134870201 -0097 12/01/2006 (800)275-8777 04:03:41 PM Z mm n ;OD A Sales Receipt -- -.1 Product Sale Unit Final ° " Description Qty Price Price n D M Certificate 1 $0.95 $0.95 Q 0 of Mailing MFR ' > Total: $0.95 Paid by: Cash $1.00 Change Due: -$0.05 V7?•U ?"oo Bill#: 1000302774566 p ?J Clerk: 09 S791Spd AnOWH S31V1S031lN/1 All sales final on stamps and postage. 9010ZLi 030 Refunds for guaranteed services only. ad'98n8sa38WHHO Thank you for your business. OIdd 30tilSOd ' S' n Customer Copy Curtis R. Long Prothonotary Office of the protbonotarp Cumberianb C2ountp TO: Renee K. Simpson Deputy Prpthonotary Robert C. Saidis Solicitor Date Ike- St. a2CX)6 We are returning the enclosed transaction(s) for the following reason(s) : • Incorrect fee received $ should be $ • Need signature • Must provide duplicate copies of the proposed judgment, decree or order and stamped envelopes addressed to the said persons and/or attorneys for notification. Please note: This notification is not a substitute for service of process. • Other reasons z „ ? Aa) ," !A9 Note: All transactions directed to this office must include a SELF ADDRESSED ENVELOPE WITH POSTAGE if a return receipt or certificate is desired. PAYMENT or FEE at time of filing will be required in every instance. Deputy Prothonotary One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573 CURTIS R. LONG PROTHONOTARY C') a r?, ?'t _ ?, ?? ? t J r-P? fJ ?J lr. ? `{?.) 7• ??L1 ?-y[l ? ? '? .? ?. "C Danielle Strawsburg, Appellant vs. Kara Hose, Appellee IN THE COURT OF COMMON 1A PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. D U- 9 C :3 a- C?-':? T, r Civil Action - Law DEC 0 8 200 Order of Court AND NOW, this - ` day of 2006, after review of the attached Motion, the Coo- urlw-bereb, r ORDERS' that APP4k + pmtted leave to zip onotax?f is dir-em-ad to By the Court, ?_ _ _? -,?.:? _-, ., ;=-- ?,_ t- _.: Curtis R. Long Prothonotary Office of the Vrotbonotarp Cumber[anb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor -(No - on 3 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