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HomeMy WebLinkAbout03-5603COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FKOM DISTRICT JUSTICE JUDGMENT 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 crud in the case mentioned bedow. NAME Of APPELLAN~ TEDDY KEPPLY 147 EAST SOUTH STREET 10/13/03 MITCHELL CAHE CYX~ LT :m~ 0000356-03 This block will be signed ONLY when this notation is required under Pa. R.CPJP. Na 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cos~ Signature of Prothonotary or Deputy 09-2-01/D.3. CORREAL CARLISLE PA 17013 ~ TEDDY KEPPLY If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (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 fon'n 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 appea/ to be served upon appellee). PRAECIPE: To Prothonotary Enter rule up~ MITCHELL CARR IV~we of appe#ee(s) RULE: To MITCHELL CARR Name o~ appe/~ef s) , appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. , 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 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 I~E FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS 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 Appea~ Common P~eas No. , upon the District Justice designated therein on (date of service) , 19 [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,19 [] 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 appe[iee(s) towhom the Rule was addressed on ,19 [] by persona[ service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19 Signature of affiant S~gnature of official before whom affidavit was made Title of official My commission expires on COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-2-01 PAULA P. CORREAL **~: I COURTHOUSE SQUARE CARLISLE, PA t.,~.,o.~: (717) 240-6564 ATTORNEY DEF PRIVATE : MICHAEL SCHERER, ESQ. 17 W. SOUTH ST. CARLISLE, PA 17013 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT PL^ NT FF: RESIDENTIAL LEASE NAME and ADDRESS __ FCARR, MITCHEL 335 BLOSERVILLE RD CARLISLE, PA 17013 L - VS. DEFENDANT: NAMEandADDRESS FKEPPLY, TEDDY 147 S EAST STREET CARLISLE, PA 17013 L - Docket No.: LT-0000356-03 Date F ed: 9/24/03 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT,~INTIFF ~ Judgment was (Name) CAR.R, entered for: MITCHEL Judgment was entered against KEPPLY, TEDDY ~-~ Landlord/Tenant action in the amount of $ 2,129.40 on 10/13/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ . O0 in a (Date of Judgment) 5~)0.00. Total Amount Establish,,ed ~y,[~J ,,~.ess. Security Deposit ApEli,,ed = Ad jud ic ale d,,A,,~o u,~t,, $ ,4,uuu.uu-$ .uu = $ ,4,uuu.uu Rent in Arrears Physical Damages Leasehold Property $ .00 - $ .00 = $ Damages/Unjust Detention $ .00 - $ . O0 = $ Less Amt Due Defendant from Cross Complaint - $ Interest (if provided by lease) $ L/T Judgment Amount $ Judgment Costs $ Attorney Fees $ Total Judgment $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ] Possession granted if money judgment is not sat~shed by t~me ot ewcuon. ---J Possession not granted. [~ Attachment Prohibited/ 42 Pa.C.S. § 8127 E~ This case dismissed without prejudice. '7-1 Possession granted. .00 .00 .00 .00 2,000.00 129.40 .00 2,129.40 F--~ 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 WITHll TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OFTHE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSECEAS, 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. IHE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEl 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, SETTLES, %. OR OTHERWISE COMPLIES WITH THE JUDGMENT. ' ' ,0-'3-03 Date ~..~..~X~~...,.~'~c~_~, ~ ///~, i certify that this is a true and~~y of/~e rec/¢~ ~p/m~eo,ngsvamlng I10-13-O3 Date My commission expires f~ Monday of January, 2006. . District Justice the judgment. , District Justice SEAL PROOF OF SERV OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT This proof of service J~ll. lST. B~ F,(LED W~ THIN TEN - 101 DA YS AFTER filing 'ne notice of appea~ Checl( ~)pl.icaDle bc COMMONWEALTH OF PENNE~yLVANiA Cumberland COUNTY OF _ AFFIDAVIT: . nereey swear or [] a COpy o1 the Nobce o , oate of service] receipt attac '3~ and further t the Rule mail senaer's recelp~ SWORN(AFFIR~ED) AND SUB_SC Title of official My commissi~ e~ms on : SS irm that i serVe'd therein on Common Pleas Nc 2003-~: ueon the District JuStice desig~nate 23, 1~00~_, [] Dy oersona serwce [] by (certified) (]~l~[~N;i~) rr and aooellee,/name MitcheLl Carr ice ),~ service [] by rtified ' ~ ma sender's receipt attach~ ~u e to File a Comolemt accompanying tn(~ above Notice of Appem upOn theappelle( on October 23, 2003 3:ge , [] by personal service [] by ~certified) hereto, IIBED BEFORE ME d hereto, (s) to WhO m Signet ~re of affiant Postage Certified Fee Return Receipt Fee , COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEA'L ' % DISTRICT JUSTICE JUDGMENT 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 ond in the case mefltiened bele~ 10/13/03 ~ ~ LT Jl~ 00003S~.03 ~ This black will be s~gned ONLY when thls ~,l~,, is ~md u~ P~ R.C.~.P. ~ 1~8~ ff ~//~ ~ C~A/~ANT (~ ~ ~.~.~.~.~. NO. Thk ~e of A~J, ~ mc~d ~ t~*=~t Justice, will ~ as a 1001(6) in-~ ~e ~ice, he MUST S~a~ of ~ot~ ~ ~t~ filing his NOTICE of A~EAL. PRAE E-~-~-~-NTER RULE TO FILE COMPLAINT AND RULE~TO FILE (Th~ section of fomn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before DJsJTict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon M'I'TI~LL ~J~B~B, Name of eppe#eefs) , appdlee(s), to file (Commo~ Pleas RULE: To Name o~ appe#ee's) , appellee(s). I ~" ( ) You am nd~ifie~t a rule is hereby entered UlXm you to file a complaint in this appeal within twent 20 service of thi~ I'~Ule uo;.n v~ ~'r,,.d..o...-.~..Z o~.:-_ _. L ........... Y( ) days aftee the date of .~ . ?'.r-.- ,,,~ nme, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. COURT FILE MITCHEL CARR, TEDDY KEPPLEY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5603 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO ENTER JUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly enter a judgment of non pros against the Plaintiff in the above-captioned matter. A true and correct copy of the Notice of Default is appended hereto as Exhibit A true and correct copy of the Certificate of Mailing for the Notice of Default is appended hereto as Exhibit "B." To date, no response has been received to the Notice of Default. Respectfully submitted, O'BRIEN, BARIC & SCHERER Micra ~c~here~r, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 MITCHELCARR, TEDDY KEPPLY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5603 CIVIL TERM CIVIL ACTION-LAW TO: Mitchel Carr 335 Bloserville Road Carlisle, Pennsylvania 17013 Date of Notice: January 7, 2004 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 SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MaY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. $cherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 U.S. POSTAL SERVICE CERTIFICATE OF MAILING PS Form 38'17, January 2001 CERTIFICATE OF SERVICE I hereby certify that on January 27, 2004, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Praecipe To Enter Judgment Of Non Pros, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Mitchel Carr 335 Bloserville Road Carlisle, Pennsylvania 17013 MITCHEL CARR, TEDDY KEPPLEY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5603 CIVIL TERM CIVIL ACTION-LAW TO: NOTICE OF JUDGMENT PURSUANT TO Pa.R.C,P. 236 Mitchel Carr 335 Bloserville Road Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter.