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Home My WebLink About03-3555COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUINCIAL DISTRICT NOTICE OF APPEAL PROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL ~'~,~ ~/ Notice is give~ that the appellant has filed in the above Court of Common Pleas an appeal from the judgmentr~dered by the District Justice on the date and in the case mentlc~ed belo~ CiTY CV LT This bkx:k will be signed ONLY ~hen this notatian is required under Pa. R.C~.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice. will operate as a S~l~tur~ 6f Prothon~r~ or ~puty frappe#ant was CLAIMANT (see Pa. R.C.P.J.P. No, 1001 ( 6 ) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant wa~ DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of not/ce of appeal to be served upon appellee). PRAECIPE: To Prothonotary Ente~ rule upon J")Efi~N¢ [~o~l~ ~*KL / ADf~ IKI~/V~' , oppe#ee(s), to file a complaint in this appeal (Common Pleas Nc~ (~.'~ -- ~'TCuC/.l~"'[/ ) within twenty (20) days after service of rule or suffer e~try of judgment f non pro~ RULE: To ~)~'~t~k-'t~ ~'~o~,/~,f,.,ou~'~KI //~.Dl~,l~./~/l~,~appeilee(s).,~ ~r. aTc~ (/, (1) You am noeified that a rule is hereby enteeed upon you to file a complaint in this opped 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 WILL BE ENTERED AGAINST YOU. (3) The date of se~vlce of this rule if service was by mail is the date of ma/ling. AOpC3~2-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUS l- BE ?fLED W/THIN TEh,~ (10) DAYS AFT~--R filing t?,e 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 (certif ed) (registered mail, sender's receipt attached hereto and upon the appellee, (nam(:,) on [] by personal sr'rvice [] by (certified) (re§istered) mai! sender's receipt attached hereto, [] and further that I served the Rule to File a Complaint ~ccompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed or~ [Z] by personal ,~;erv ce ~ by (certified) (registered mail senders receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF $igt~ature of afliar~t Title COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUN~EItI~'D RESIDENTIAL LEASE Mag D st. NO PLAINTIFF: NAME and ADDRESS 09 - 1 - 01 ~EANNA BOYANOWSKI/ADRIENNE KAERCHE~ DJNa ...... 160 BRINDLE ROAD CHAR. LES A. CLEMENT, OR. MECHA-NICSBU'RG, PA 17055 A~dr,,,: 400 B~.IDGE STREET __1 OLDE TOWNE COMMONS -SUITE 3 -- VS. ~ CUM~EPJ.~, PA DEFENDANT' NAME,~nOADDR£$$ Te~e~ho,e f717 774-5989 17070 F-JONES, PAULETTE, ET AL. 208 8. SEVENTH ST LEMOY~, PA 17043 PAULETTE JONES -- 208 S. SEVENTH ST DocketNo.: F.T-0000286-03 LEMOlq~'E, PA 1704.3 Date Filed: 7/02/03 Juel0mentt: ~; RECOVERY OF R~.AT, PROPERTY ~ *otu~Jgc~e~t.wes-entered for: (Name) ---DEANNA BOYANOW~KI~/AD, RIE[~I~I~ K ...... . Judgment was entered against ,.TONES, PAULET'IT~ in a ~-~ LandlordFFenant action in [ne amount of $ I ,338.00 on 7/16/03 . (Date of Judgment) The amount of rent Der monm. as established by the District Justice. is $ 610.00. The total amount of the Security Deposit is $ .00 Rent' in Arrears Total Amounts EstabliSh,lied.,., ~.~ ~d. 010ess~Security Deposit App,,ILed. uu = = $ AdjudicaJ.(~d2%rr~°.ul~t", u Physical Damages Leasehold Property $ .00 -- $ .00 = $ .00 Damages/Unjust Detention $ .00 - $ . O0 = $ .00 Less Amt Due Defendant from Cross Complaint - $ .00 Interes~ if orovided by lease) $ . L/T Judgment Amount $ 1,2.20. O0 ['~ Attachment Prohibited JuDgment Costs $ 118 42 Pa,C.S § 8127 Attorney Fees $ . ~] This case dismissed w~thout prejudice Total Judgment $ · 1, 338 00 ~ Possession grained Post J~udgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ~--- Possession granted if money judgmem s not satisfied Dy time eT eviction. ~ Possession not grantee. ~-~ 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. F 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 FILI~JG AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FOR~I WITH THE N~'T'iCE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDI~R ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST .C~QME~=ROM T~E 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.[N'~HjE JuDGMENT.MA'Y FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTqR' PA~S IN FILL, SETTLES; OR OTHERWISE COMPLIES WITH THE JUDGMENT. ; --. . JUL $ 2003Date 0. ' '~.Distric. tJustice Icert~'fy t~at tF~is is a true and correct copy of the record of the procee~ng~ containingthe'~.dgmenti Date , Distr~ct JusticeJ My commission expires first Monday of January, 2008. SEAL AOPC 315A-03 %. ~OMMONWEALTH OF PENNSYLVANIA COUNTY OF: 09-1-~1 C~ES A. CLX, ~"~: ~00 ~IDGE PA~ETTE JONES 208 S. SEVENTH ST LEMOYNE, PA 17043 THIS IS TO NOTIFY YOU THAT: Jud, pment: ~ - ~'~ J~mentwas e~tered for~ -{hi ~me,). - SUITE 3 17070 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS F-DEANNA BOYANOWSKI/ADRIENNE KAERCHE~ F~CHAN~CSBURG, PA :17055 VS. DEFENDANT: NAME and ADDRESS ~JONES, PAULETTE, ET AL. * -] 208 S. SEVENTH ST LEMOYNE, PA 17043 L : '% ' J Docket No.: LT- 0000286- 03 Date Filed: 7/02/03 RECOVERY OF BRAT, PROPERTY DEANNA-BOYANOWSKI/AD, RIENNE K Judgment was entered agair~sl !~0ADCAP, JOSEPH in a ~'~ Landlord/Tenant action in the ara,eL.ct of $ 1,338, O0 on 7/16/03 . (Date of Judgment) The amount of rent per month, as e~tablished by the District Justice, is $ 610.00. The total amount of the Security Dep,~ si1 is $ . O0 Total A~ount Establish.ed ~. ~J .,[,ess. Security Deposit ApEILed = Adjudicaj.e.,d2A2~o.u(~b Rent in Arrears $ J.,Zzu.uu-$ .uu = $ , u $ .0o-$ .0o = $ Physical Damages Leasehold PrOpe~ Damages/Unjust Detention -'-]Attachment Prohibited/ 42 Pa.C.S. § 8127 ~---~ This cass dismissed without preju¢ be. ~-'] Possession granted. .00 .00--$ .00 = $ .00 Less Amt Due Defendant from Cross Complaint - $ . O0 Interest (if provided by lease) $ . O0 UT Judgment Amount $ I, :220. O0 Judgment Costs $ 118. O0 Attorney Fees $ . OO Total Judgment $ 1,338. O0 Post Judgment Credits $ Post Judgment Costs $ $ cJe~ t~a~t~s is a true and Date My commission expires first Monday of Jandary, 2008. AOPC 3154-03 Certified Judgment Total Possession granted if mone:/judgrqe nt is not satisfied by t~me,_9.OtDefendants L..._I Possession not granted. II 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' OP .JLJfDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, C~VIL DIIt*~SION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, 'iH E A.F~:I:LLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR 7HE RENT ACTU.~LEY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISH ES TO APPEAL ONI..¥TFIE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF J[J D(~qENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PL EA~, 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 PROVIDEC IN'THE R UILES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUdgmENT HOLDER ELECTS TO ENTER THE JUDGMENT NTI~E C~IJRT OF COMMON PLEAS, ALL FURTHER PROCESS MUST ~QME FI~M~THE COURT OF COMMON PLEAS AND NO FURTHER P RO'CESS MAY BE ISSUED BY THE DISTRICT JUSTICE. .?... UNLESS THE JUDGMENT IS ENTERED IN TI~E COURT OF COMMON PLEAS, ANYONE INTERESTED IN T~E JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFAC~"I ON ~TH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTO~ PA~S IN FUE, L, SE'CrLES OR OTHERWISE COMPLIES WITH THE J UIDGrVIENT. ~ ~.- ~ 0- · ,??stribt Justice correct cc~p~' of'the record of the proceeemgs containing the j~Jdg,m, ent. , DistriSt"dusticeI SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE F/LED WITHIN TEN (10) DAYS AFTER fil/ng /he notice of appeal. Check applicable bo, es) COMMO,WEALT, OF,E,,SY,VA,~* AFFIDAVIT: J hereby swear er affirm that I served (~a copy of the Notice of ~p~ai, Common Pleas No. ~:~[V; ~, upon the District Justice designated thermn on (date of service) ~~, ~ .... ~ by persona~ service ~ b~ (cedified~ (registered) mail, sender's receipt attached ~-~"~e eppeJlee, (name) ~~ ~ ~, ~ ...... - ,on ~~ ~ g by personal service ~by (certified) (registered) mail, sender's receipt a~eched hereto. ~and further that I se~ed the Rule to File 8 Complaint accomoanying the above Notice oJ Appeal upon the 8ppellee(s) to whom ~the Rule was ~ddressed on ~y .~J ~~ - b-El by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto.~ ~' -~ SWORhJ A~FIRMED)AND SUBSCRIBED BEFORE ME TH~S .¢-/* ___DA¥OF~, .......... ~ Title NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Bore, Cumberland County My Commission Expires April 4, 2005 17055 NOTICE OF APPEAL COMMON~VEALTH OF PENNSYLVANIA JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT · NOTKE QF APPEAL , -~k~ Notice is given that the appella~t has filed in the ~lbove C6urt of c~n I~e~s/ 6n'~l from the judgment r~ered by the District Justice date and in the case mentioned bela~ - so,,- O ' ' :..,' : This Nock 1OO86, is required under Pa. R.C.PJJa. No. f:~he District Justice, will operate as a ff appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 ( 6 ) in action De/ore Distn'ct Justice, he MUST FiLE A COMPLAINT within twen~/ ( 20 ) days after filing his NOTICE of APPEAL. ) ENTER RULE TO FILE COMPLAINT AND RULE TO FiLE ~ \ (This section of when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in acti(~ Defo~e Dis~ct Justice. IF NOT USED, of notice Of appeal to be served upon appellee). (I) You am 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 INs rule upon you by peesonal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU, (3) The date~eJ~'l~j¢q~e~ if service was by mail is the date of mailing. AOPC 312-90 COURT FILE Johnson, Duffle, Stewart & Weidner By: David J. Lanza I.D. No. 57782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania ! 7043-0109 (717) 761-4540 Attorneys for Plaintiff DEANNA BOYANOWSKI and ADRIENNE KAERCHER, Plaintiffs V. PAULETTE JONES and JOSEPH ROADCAP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3555 CIVIL ACTION - LAW PRAEClPE TO TERMINATE SUPERSEDEAS PURSUANT TO PA. D.J. R. '1008 (B) TO THE PROTHONOTARY: Please terminate the supersedeas in the above-referenced matter by reason of the Defendants' failure to make the monthly rental payments from and after August 1, 2003. :21674O Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER David J. Lanza August 7, 2003, Appeal stricken in accordance with above praecipe. Curtis R. Long, Prothonotary CERTII=ICA TE OF SERVICE AND NOW, this ~ay of August, 2003, the undersigned does hereby certify that she 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: Paulette Jones and Joseph Roadcap 208 S. 7th Street Lemoyne, PA 17043 JOHNSON, DUFFLE, STEWART &WEIDNER By: El J~nifer L. Bixler ' DEANNA BOYANOWSKI AND ADDRIENNE KAERCHER Plaintiffs AUG 152003 IN THE COIYRT OF COMMON PLEAS CUMBERLP/ND COUNTY, PENNSYLVANIA NO. 03-3555 JOSEPH ROADCAP AND PAULETTE ~ONES CIVIL ACTION - LAW Defendants AND NOW, this / C/~ day of_ ~ cyc~z% ,2003, upon consideration of the Petition ' ' schedules an Orc~ano~7-, for the for Praecipe to Reinstate District Justice Appeal, the CoUrt hereby purpose of determining whether Plaintiff prematurely filed a "Praecipe 1[o Terminat0 S6{perdeas" and pursuant to Pa.R.D.J. 1008B.whether the Superdeas in this acUon should be reinstated on ,~/~_ ~ $ ,2003 at ~; (_J7) O,/90- in Courtroom # L/( , Cumberland County I~ourthouse. BY THE COURT DEANNA BOYANOWSKI and ADRIENNE KAERCHER, Plaintiffs VS. JOSEPH ROADCAP and PAULETTE JONES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND .COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-3555 CIVIL IN RE: MOTION FOR SUPERSEDEAS ORDER AND NOW, this 2. ~ v day of September, 2003, argument in the above captioned matter set for September 26, 2003, is continued to Monday, October 6, 2003, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kev~[Hess, J. David Lanza, Esquire For the Plaintiffs Joseph Roadcap 709 Herman Avenue Lemoyne, PA 17043 Pro Se Defendants O. ,,l q.o3 :rlm VIN~A~,gNN~ct DEANNA BOYANOWSKI AND ADRIENNE KAERCHER, Plaintiffs V. JOSEPH ROADCAP AND PAULETTE JONES, DefendantS IN THE cOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3555 CIVIL TERM CIVIL ACTION - LAW IN RE: "pPd%ECIPE" TO REINSTATE DISTRICT JUSTICE APPEAL ORDER OF COURT AND NOW, this 6th day of October, 2003, this matter having been called for hearing, and the petitioner having failed to appear, the within Petition to Reinstate District Justice Appeal is denied. By the Court, ~avid J. Lanza, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For Plaintiffs /o~eph Roadcap 709 Herman Avenue Lemoyne, PA 17043 Pro Se DefendantS :mae DEANNA BOYANOWSKI AND : IN THE COURT OF COMMON PLEAS OF ADRIENNE KAERCHER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : 03 - 3555 CIVIL TERM V JOSEPH ROADCAP AND PAULETTE JONES, Defendants CIVIL ACTION - LAW pETITION FOR RELEASE OF ESCROW FUNDS Please release to the Plaintiffs, Deanna Boyanowski and Adrienne Kaercher, at 160 Brindle Rd, Mechanicsburg, PA 17~}55, the $1,338.00 in Escrow Funds. The Petition to Reinstate District Justice Appeal was der~ied on the 6th day of October, 2003, this matter having been called for hearing, and the petitioner having failed to appear. Respectfully submitted, November 6, 2003 DEANNA BOYANOWSKI AND ADRIENNE KAERCHER, Plaintiffs V JOSEPH ROADCAP AND PAULETTE JONES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03 - 3555 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT. $1,338.00 in escrow funds in the above-captioned matter. By the Court, DEANNA BOYANOWSKI AND ADRIENNE KAERCHER, Plaintiffs V JOSEPH ROADCAP AND PAULETTEJONES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA 03 - 3555 CIVIL TERM CIVIL ACTION - LAW PETITION FOR RELEASE OF ESCROW FUNDS. Please release to the Plaintiffs, Deanna Boyanowsld and Adrienne Kaercher, at 160 Brindle Rd, · .. , PA 17055 the $1,338.00 in Escrow Funds. The Petition to Reinstate District Mechamcsburg . ' th · ' been called for .... I was demed on the 6 day of October, 2003, th~s matter hawng Jusuce Appea ~ hearing, and the petitioner having failed to appear. Respectfully submitted, November 6, 2003 VF... ~ CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 1389 . , 6~0-~503B 313 Nov _,~)er--21 ~7..~ 03 I $1,338.00 D.OLLARS 03-3555 "release rent Boyanowski & Roadcap 15233~11212003 Cumberland County Prothonotar¥'s Office Pa~e 1 PYS405 Manual Re±ease Check Register 11/2[/2003 Escrow Tran Date Distribution Case No Accounting Amount Date Release 3853 BOYANOWSKI DEANNA KAERCHER AD Check Date: 11/21/2003 Check No.: 1389 RENT 2003- 03555 PYMT/CASH 1338.00 7/25/2003 Payee total: 1338.00 Grand total: 1,338.00