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Home My WebLink About07-7753 UNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No D 7 _ '77 3 cJ?t 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. LT- il-060o y17 -;z>7 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. was Claimant (see Pa. R.C.P.O.J. No. 1001(6) in before a District Juslce, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 seared upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal r Name of apW"(s) (Common Pleas No. D -?- -77 r3 &Vi within twenty (20) days after service of rule or suffer entry of judgment of non pros. Y_ Signature of appellant Oran-ney a agent RULE: To 671^45kAdl L , appellee(s) Name ofa 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. D Date: 0-7 20 6'7 u l r /?? signature of P-ftwWy or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHrrE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE rvI141N L P 1-7;L /5 Z- E DATE OF J DCaMEN Nr THE OF (Pbwiff) 1! ,ZG c rf,-a•lwel? ve PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUaTBE FILED WITHIN TEN,(l0) DAYS AFTER filing of the notice. of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT' I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, on sender's receipt attached hereto, and upon the appellee, (name) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of official before whom affidavit was made Tide Of official My commission expires on 20 Signature ofaffiant C7 r ?v C q rt - ,, c:; 0 i - F MI f? C M n .. a? l Q CD LbMMONWEALTH OF PENNSYLVANIA COUNTY nF• CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-3-03 SUSAN H. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FGLADI/ELL, RICH P.O. BOX 1383 MECHANICSBURG, PA 17055 L VS. J DEFENDANT: NAME and ADDRESS r-BMUMM T, TRAVIS & CHRISYAPNA ETAI; 238 N. BALTIMORE AVE. MT. HOLLY SPRINGS, PA 17065 SUSAN H. DAY L J 229 MILL ST, BOX 167 Docket No.: LT-0000417-07 MT. HOLLY SPRINGS, PA 17065 Date Filed: 11/13/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF E? Judgment was entered for: (Name) GAL, RICH Judgment was entered against BABNHART, TRAVIS A CHRISYANNA ETAL in a ® Landlord/Tenant action in the amount of $ 3,201.35 on 11/26/07 - (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 675, 00. The total amount of the Security Deposit is $ .00 Total Am t E t b l oun s a Ishedd by MDJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 3, 675.00 - $ .00= $ 3,075.00 Physical Damages Leasehold Property $ .00- $ .00= $ .00 Damages/Unjust Detention $ oo - $ _ no= $ -00 Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ -nn Attachment Prohibited/ L/T Judgment Amount $ -4,075-00 42 Pa.C.S. § 8127 Judgment Costs $_ 126_3R Attorney Fees $ _nn This case dismissed without prejudice. Total Judgment $ 3,201.35 Possession granted. X Possession granted if money judgment ? Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total ? 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 MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRIGT JU6GE . 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 E E ® NT T6R PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1/J ?ZDate Magisterial District Judge certify that this is a true an or y o the recorftt the ocee Inas containina the iu ament Date V •? ' Magisterial District Judge My_commission expires first Monday of January, 2010. cFel ra , Fri m rt7 i== tom'? n > c- c- J r Z7 r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICK GLADWELL, Plaintiff V. TRAVIS BARNHART and CHRISTYANNA BARNHART, husband and wife, Defendant No. 07- 7753 Civil Term PRAECIPE TO STRIKE AND NOW, comes the Plaintiff, by and through his counsel of record, Knight & Associates, P.C., and Gregory H. Knight, Esquire, to file a Praecipe to Strike the Notice of Appeal filed by Defendant Travis Barnhart on December 27, 2007, in support of which the following statements are made: 1. On November 9, 2007, Plaintiff filed a landlord/tenant complaint against the Defendants for breaches of the lease. 2. On November 26, 2007, Magisterial District Judge Susan Day entered judgment for the Plaintiff in the full amount claimed by the Plaintiff. 3. On December 27, 2007, Defendant Travis Barnhart filed a Notice of Appeal from District Justice Judgment that was docketed by the Cumberland County Prothonotary at the above- referenced number. 4. Rule 1002A ofthe Rules of Civil Procedure Governing Actions and Standards Before Magisterial District Judges states that the "...Prothonotary shall not accept an appeal from an aggrieved party which is presented for filing more than thirty (30) days after date of entry of the judgment without leave of court and upon good cause shown." 5. The Defendants' Notice of Appeal violates Rule 1002A because it was filed thirty- one (31) days after the date of entry of the judgment and therefore the Prothonotary should not have accepted the Notice of Appeal. 6. The Defendants have neither requested nor received "...leave of court and upon good cause shown." WHEREFORE, Plaintiffrequests that the Prothonotary strike the Notice of Appeal and serve such and serve notice upon the Defendants of such action. Respectfully Submitted: KNIGHT & ASSOCIATES, P.C. Date: January 2008 14 ?G 4 r 1- INI Gregory H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 FAUser FolderTirm DocsTlients Files\3083-5 Rick Gladwell\Documents\praecipe.strike.wpd January 2008, ZAeal Stricken in accordance with above Praecipe By: urtis R ng, Prothonotary o? Z r 1 ? ?_ ?! V ? ? ??? =,-? r„'} -- i'- t- ? ) ? - . ." L^ :? ? mss, C a ?Gl,f