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Home My WebLink About03-3257COMMQNIfEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS NOTICE OF APPEAL FRO~ DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT COMMONPLIASNa. ~)~. ~.,,,~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleos a~ aFvlseai from the judgment rendered by the District Justice on the date and in the case mentioned beJo~ THERESA MARTIN 299 GREASON ROAD, APT 2 7/2/03 0 & 0 RENTALS CV L! 0000105-03 This blod~ will be ~ned ONLY ~hen this ~otution h requlm~ un'er P= R~iJ~JJ~. ~ 1008~ This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cose Signature of Prothonotary or Deputy PA ~ /7~1..~ TH~ESA MARTIN ~Penn Legal Service Irv£n~ Ro~ 1~1 ( 6 ) in ~ti~ ~f~e ~s~ct J~tice, ~ ~ST FILE A COMPLAINT within t~ty (20) da~ aft~ filing his ~TICE of A~EAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of foffn to be used ONLY when al)pellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon al~ellee). PRAECIPE: To Prothonotary Enter rule upoflO & O RENTALS , appellee(s), to file a corrlplaint in this appeal Nerne of ap~#ee(s) (Common Pleas Nc~ ~) -~ ' ~'~ .,~ '-~' 7 ) within twenty (20) days a~. 7~ of non pros~ RULEs To , aps:.dlee(s). 0 & 0 RENTALS (1) You am notified that a rule is hereby e~tered upon you to file a complaint in this appeal within tv~fity (20) days after the date of service of this ~le upon you by personal service o~ by certified or registered maiL (2) If you do not file a complaint within this time. a JUDG/~ENT 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. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT (This proof of service MUST BE FILED W/THtN TEN (10) DAYS AF;rER L:lir:,g thE? not/ce of appeai 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 tf:e District Justice designated there n on (date of service) [] by persor~ai service [] by (certified) (registered) mail, senders receipt attached hereto, and upon the appeliee ~hame~ on ........ [] by personal service [] by (certified) (reg stered) mail, sender's receipt attached hereto ~ and further that I served the Rule to File a Complaint accompanyipg the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ........... ~ by persona servce [[~ b~, (certifed) (regbtemd mai, senders receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ........ DAY OF COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CIIM~]~E~ND Ma0, Dist. NO.: 09-3-02 DJ Name: HOn. HELEN B. S}tUJ.,ENBE~GER ~dress: P.O. BOX 155 27 W. BIG SPRING AVE~u~ NEWVILLE, PA Telephone: (717) 776-3187 17241 THEP~ESAMA~TIN 299 GREASON ROAD APT/STE 2 CA~LISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PL^INT FF: RESIDENTIAL LEASE NAME and ADDRESS ~0 & O KEN'TAbS, -~ 1300 RITNER HIGHWAY AGENT JENNI HOLLENBAUGH ~AELISLE, PA 17013 1 VS. DEFENDANT: NAME and ADDRESS UMAKTIN, THERESA 299 GP, EASON ROAD APT/STE 2 CAELISLE, PA 17013 Doc~tNo.: LT-0000105-03 DateFiled: 6/20/03 THIS IS TO NOTIFY YOU THAT: Judgment: [~ Judgment was entered for: (Name) Judgment was entered against MARTIN, THERESA F'"-I IXI Landlord/Tenant action in the amount of $ 6a~0.30 on 7/02/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ .00 P~COV~Y OF ~AT. PROPT~TY O & 0 P,J~TTALS, in a (Date of Judgment) .00. Rent in Arrears Physical Damages Leasehold Property $ Damages/Unjust Detention $ T°tal Am°unt Established ~J. 0~les-s~Security Dep°sit ApQILed$ .uu = = sAdjudicated"~O'°uJ3L .oo .00 .00 Less Amt Due Defendant from Cross Complaint Interest (if provided by lease) !.JT Judgment Amount Judgment Costs Attorney Fees Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total [~ Attachment Prohibited/ ' Victim of Abuse (Act 5, 1996) E~ This case dismissed without prejudice. ] Possession granted. ~E~ Possession granted if money judgment is not satistied Dy t~me of ewct~on. Possession not granted. .00 .00 .00 544.00 96.30 640.30 [~] Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WiTH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETrLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ certify that this is a true the judgment. Date , District Justice My commission expires first Monday of January, 2006. SEAL AOPC 315A-03 0 & 0 RENTALS, Plaintiff THERESA MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- CIVIL TERM PRAECIPE TO PROCEED 1N FORMA PAUPERIS To the Prothonotary: Kindly allow the defendant, Theresa A. Martin, to proceed in forma pauperis. I, Philip C. Briganti, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe she is unable to pay the costs and that I am providing free legal services to her. Date:7///a/~ Ph ~n/~~-~ - --'-~' ti Attorney for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WiFHIN TEN (t0) DAYS AFT~'R hl/ng the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C w ~z"< ~ ;SS AFFIDAVIT: t hereby swear or affirm that I served ~ copy of the Notice ct Appeal, Common Pleas No. ~..77-¢~ ~_. ¢'/'~,!'~_ . upon the District Justice designated therein on ..... y personal ,~erwce ~y (certified) (~mait sender'~ r~ei~t attaczhed hereto, and upon the appellee (name) ~_~ ~ ~.~ on p_~l~ I0 , ~.~ D bypersonalse/v~~:~i~~ii~,~-~iptatt~d~reto ~ ~'~n~?{~ ~r~ed the ~'~'i~ to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule wa~ addressed on ~¢ ~ ~ ~_¢~, ~ by personal snrvice ~.,.D~ (certified~) mai sender s receipt attached heretof SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS ....... DAY OF ~fhant I verify that the information in this Affidavit is true and correct. I under- stand that false statements herein are made subject to the penalties of 18 PS Section 4904, relating to unsworn falsification to authorities. " NOTICE OF APPEAL COMMONV~EALT~I OF P~NNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Comman Pleas an appeol from the judgment rendered by the District Justice on the date and in the case mentioned below. 299 ~-~aKON ROAD, APT 2 7/2/03 O i O RENTALS CV -- This block will be signed ONLY when this notation is required under Po. R.¢.PJ.P. NG 100BB. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for passessian in this case TH~.SA MARTIH /c~'~ M:LdPezm begal SerViCe ~ti 8 Irvine R~ 1 ~ 1 ( 6 ) in ~ti~ ~f~e D~trict J~tice, he ~ST FILE A COMPLAINT within t~ty (20) da~ aft~ filing his 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 ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NoT USED, de~ach from copy of notice of appeal to be served upon appellee). PI~AECIPEz To Prothonotary · Enter rule uponO & I~ R]~NTA[,S , appellee(s), to file a complaint in this appeal (Comrm~ Pleas ~ ~ ~'" -~' ''~ ~ ~' ) within twenty (20) doys after,~Jce of rule or suffer/e~try of judgment of nan p~as. RULE~ To , Ne~e of appellees) (1) You om noti,.,fi~d,., .~..~t a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of se~vlce af this rule.~:~ ~'/~al service or by ce~fied = registered ma~L i211~e~ do~o~ file a comr~etnf ~vithin this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. , . ~2if ~,ervice was by mail is the date of mailing. ~.~,~ AOPC 312-90 COURT FILE Certified Mall Provides: z6n~-.-~ng~n~ · A mailing receipt (e~e4e~/) ~00~ aunt '00~: u~o=l Sd · A unique Identifier for your mailplece · A record of delivety kept by the Postal Service for two years Important Reminders: , · Certified Mail may ONLY be combined with First-Class Mai]® or Priority Mail~ · Certified Mail is not available for any c[ass of international mail · NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider/nsured or Registered Mail. · For an addifional fee aRetumReceiptma be requested to rovide proof of delivery. TO obtain Return Receipt sew ce, p~ease complete anoP;~ttach a Return Receipt (PS Form 3811) to the article and add appllcab e postage to cover the fe~. E .ndorse mailplece "Return Receipt Requested". To receive a fee waiver for a aupllcate return receipt, a USPS® postmark on your Certified Mail receipt is required. · For an additional fee deliver/ may be restricted to the addressee or addressee's authorized a ant. Advise the clerk or mark he mail iece with the endorsement "Restricted~elivery. P · If a postmark on the Curt f ed Mail receipt is desired, lease present the arti- cle at the post office for postmark ng f a postmar~ on the Certified Mail receipt is not needed, detach and affix rebel with postage and mail. IMPORTANT: Save this rece pi and present it when making un inquiry. Intnrnet access to delivery information is not available on mail addressed to APOs and FPOs. Certified Mail Provides: (.~,~) aoo~-.~'~'",o~ sd · Amailing receipt · A unique Identlfier for your mailpiece · A record of delivery kept by the Postal Service for two years Important Reminders · Certified Mail may ONLY be combined with First-Class Mall~ or priority Mail~. · Certified Mall is notavailab~e for any class of international mail · NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For delivery TO ob a n Return Rece pt serwce, prease complete andattach a Return Recei PS Fo m 3811 ) to the art c e and add applicable postage to coyer the fee. EPntd~rSe mailpiece "Return Receipt Requested". To r ~m~!~ e~a ~f~e~ w~mv~rn~r · For an additional fee, delive~ may be restricted to the addressee or addressee's au. thoflz~d a en~: Advise the clerk or mark the mailpi ~e~e with the · fapostmarkontheCertfedMailreCelptisdesired, lease present the arti- cie at the pos office for postmarking If a postm~r~ on the Certified Mail MPORTANT: Save th s receipt and present it when making an inquiry. Internnt access to de very information Is not available on mall addressed to APOs and FPOs, COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Ma9 Disl No: 09-3-02 DJ Name: Hon HELEN B. SHULENBERGER ^d~,~: P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 Te,ep~o.e: (717) 776 ' 3187 TO THE DEFE, NDANT: The above named plaintilf(s) ~§ks judgment'together with costs against you for the possession of real property and for: Lease is ¢ Residential [] Nonresidential. E~ Damages for injury to the real property, to wit: LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAME and ADDRESS -- '-O't o n t.15 VS. DEFENDANT: NAME and ADDRSSS UocketNo.: L%-10¢ 3 /Date Filed: ~ ..O¢O~ ~~ Amount ~ Date Paid Filing Costs $~ ~ Service Costs $ ~%M¢ ~~~ Total $ f ~/~O/~ ] Damages for the unjust detention of the real property in the amount of ~ Rent remaining due and unpaid on filing date in the amount of ~]And additional rent remaining due and unpaid on hearing date THE PLAINTIFF FURTHER ALLEGES THAT: Total: 1. The location and the address, if any, of the real property is: ~<~9 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to 4. [~ Notice to quit was given in accordance with law, or ~No notice is required under the terms of the lease. in the amount of: $_ $ SEN.Ob 5qq.L under whom you claim. ~]The term for which the property was leased or rented is fully ended, or .~A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: J~Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession. are true and correct to the best o~my Know~edge, ~nTormatton ~u u~,,~;. ~.,o o n or falsification t- authorities penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 490~..r. elat~ngt ur~cor~^ra~sn!cauu. ~,~u~, . · (Plaintiff's Attorney) (Address) (Phone) IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which is in the district justice jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on set or he hearina. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession coma nt form at this office BEFORE THE TIME ~ ~-~ aa~in~t ut)Il A i oment age ns you for possess'on may result and Pcos s, and for damages and rent if claimed, m..ay nevertheless b.e entu,~ ~,.~,.~,~,. ~.~i.~JnUndtgact the Maaisierial Distr ct office at the in your EVICTION from the premises. If you aredlsabled and require ass~s~am;., address above. Romd, rk$ 8qd summary OI testimony may bo recorded on reverse side. AOPC 310A-98 O & O RENTALS, Plaintiff V. THERESA MARTIN, Defendant 1N THE COURT 0F COMMON PLEAS OF CUMBERLAND COIJNTY, PENNSYLVANIA NO. 03-3257 CIVIL TERM PRAECIPE TO DISCONTINUE CASE To the Prothonotary: Kindly mark the above-captioned case as settled and discontinued, with prejudice. Date:~]~olO} DUNCAN, HARTMAN & DOUGLAS 1 Irvine Row Carlisle, PA 17012, (717) 249-7780 COUNSEL FOR PLAINTIFF Philip C ~'riganti /' MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 COUNSEL FOR DEFENDANT