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Home My WebLink About03-6417OOMMOI~,ALTH OF P,NNSYLVANIA COURT OF CQMMGN PL,AS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMONPL'ASN~ 03~-~'[ 2IVIL NOTICE OF APPEAL ~e is g~ ~ ~ ~nt ~s fi~d in t~ a~ Court of C~ ~s an ~al f~ ~ j~t ~ ~ t~ ~str~ ~t~e ~ ~ ~in~ca~~ CV will ~ ~ ON~ ~n this ~ is Ippellant was CLAIMANT (see Pa. R.C.RJ.P. No. 1 O01 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days alter PRAEClPE 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, detach from copy of notice o! alAeeal to be served upon appellee). PRAECIPE: To Protho~otory Enter rule upon ~ , appellee(s), to file a complaint in this appeal (Comman p~as Nc~ 03-6417 CIVIL TERM ) within twenty (20) days aftra servic le or suffe~ en 'udgment of non .pros. WTLDI~AN ItON~ L.~-"S~,~e of ~0e~nt <x ~ attorney o~ )t'g~ PRODUCTS. INC. RULE: To ~:~D~X:)~]~Y~gX , a~ee(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 seevlce 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 JUD~NT C)F NON PROS WILL BE ENTERED AGAIN.ST YOU. AOPC312-gO COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT prod of service MUST BE FILED WITHIN TEN (t(?i DAYS ,4FTER /~ii~ tl;e ,,'7o,,'ice o~ ~p?e~l ?i~ec~ ~pp~cable L~oxesl COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: i hereby' swear or affirm thzd I served a copy of the No[ice of Appeai Common Pleas No. , upon the District Ju?ce designated therein on D (date of service/ ~'¢ ~i~r,,a ~.,i;zice D by (certified~ (registered) mail. senders receipt attached hereto, and upon the appellee, (nam¢~ on ~ by personal service ~ by (certified} (registered) mai¢ senders receipt attached hereto. ~ and further that I served the Rute to Fife a Complaint accompanying the above Notice ¢ Appeal upon the appellee(s) to whom the Rule was addressed on ~ by cer onai sexy ce ~ by {certified) (registered) nail, sender's receipt attached hereto, SWORN (AFFIRMED AND SUgSCRIBED BEFORE ME THIS .... OA¥' OF ~ . o~, ,,,.COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Ma~ Dist NO: 09-1-01 DJ Name: Hon CHARLES A. CLEMENT, JR. Address: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717) 774-5989 17070 BARAY/MICHELLE ROSMA~INE 506 MARKET STREET 1ST FLOOR LEMOYNE, PA 17043 THIS IS TO NOTIFY YOU THAT: Judt~ment: ~-~ Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT P AI,TI F: RESIDENTIAL LEASE NAME and ADDRESS F-WILDMAN HOME PRODUCTS, INC. '~ 1113 BRIDGE ST NEW CUMBERLAND, ~/~7'070 VS. DEFENDANT: NAME and ADDRESS FROSMAKINE, BARRY/MICHELLE -~ 506 MARKET STREET 1ST FLOOR ,LEMOYNE, PA 17043 Docket No.: LT- 0000625- 03 Date Filed: 11/25/03 ~ FOR PLAINTIFF (Name) WILDMAN HOME PRODUCT, S, INC. Judgment was entered against ROSMAEINE, BARRY/MICHELLE in a ~-~ 93.00 12/08/03 . (Date of Judgment) Landlord/Tenant action in the amount of $ on The amount of rent per month, as established by the District Justice, is $ 450.00. .00 The total amount of the Security Deposit is $ ~ Total Amount Established by~E~J ^~,ess. Security Deposit App..Ii.ed = Adjudicated Amo.u(~b Rent in Arrears $ ?,,.~uu -- $ .VD = $ Physical Damages Leasehold Property $ ~;D--'/00 -- $ .00 = $ Damages/Unjust Detention $ "00 - $ . O0 = $ Less Ami Dug""~efendant from Cross Complaint - $ C.- Interest (if provided by lease) $ L/T Judgment Amount ~] Attachment Prohibited/ 42 Pa,C.S. § 8127 ~'~ This case dismissed without prejudice, ] Possession granted. Possession granted if money judgment is not satrshed by trme of evlcbon, Possession not granted. $ Judgment Costs $ Attorney Fees $ Total Judgment $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ~-~ Defendants are jointly and severally liable. .00 .00 .00 .00 .00 93.00 93.00 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 FROTHONOTARY/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 FlEE 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/TRAN$,CRIP~RM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTI .O~,¥~F~..~ - ~ ,~ ,~¢~E ~.~rlDG~[VIENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PR0,,.(.~,,ES$ MU,S,'?COME.FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUST~J~', ~' , ~ UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE IN~EDJ~N THE,~JDGMEN;r~-.~ ~__ MAY FILE S~TTLES, A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGME~'rN~B'r, oI~ ~,~"~fI~kFULL; OR OTHERWISE COMPLIES WITH THE JUDGMENT. - 8 20§ ate . · %1 'i ':District Justice II ~;er~fy that this is a true and correct copy of the recorc~ of the proceet~lngs containir~,.j~,C~ent. Date , District Justice My commission expires first Monday of January, 2008. SEAL NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COIVIMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No- 03-6417 CIVIL TEl~q NOTICE OF APPEAL Notice is given that the appelkmt has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice aa the date a~l in the case mentioned bdow- 1008& - ""~ . ' .......... a 1001 ( 6 ) in action before District Justice, he MUST This Notice of A ~pf~!,~ ~ receved ~,:~tr,d Jusace, w,, opomte os ....... SUPERSEDEAS to ~ff~ ju~ig~.-~ p~se~'tn t~,cose ^ FILE A COMPLAINT within twenty ( zu ) oays a [er ':.';,! ;:', .: ;: ( I U · . ~'i~. ~,' - ~.'.,,.,.....,~.-~*~.~'..~ was DEFENDANT (see Pa R.c.P'J.P. No. 1001(7) in action before District Justice. (This sact~on or ~orm ~o~L~e, u.~K'~ wS~j,~ ..... ~ IF NOT USED, detach fr~:~d~¢,of:notice' of'appeal to be served upon appellee). PRAE¢IPE= To Protheaofor¥ . .,~.. ~ y~'~J'l~3J'*J~']'~lf 'd~r~ , oppdlee{s), Enter rule upon k~e'oC~e/~'e(~) ....... (Common Pleas N~ 03-~4 '17 CIVI~ ~RIJN ) within twenty (20) days a'her servi~fe or suJ~er entry~3menf of non pros. RULE: To Name c~ ame//e~$) , appellee(s). (1) You am notified that a rule is hereby entered upon you to file a cor~aint in this appeal within twenty (20) days af~' the date of service of this role upno you by personal service or by certified or registered mail. (2) If you do not-fi.~ e-~mplg,,int, within this time~ a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The ~ oJ, seevice of this rule if J~vice ,4. ""/ was by ~oil is the dote o~ mai!i~ng. AOPC 312-90 COURT J~LE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST_BE FILED WITHIN TEN (t0) DAYS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _. ~_.~ ,~.~.~.c_ [?__d_.~ ............. ;SS AFFIDAVIT: I hereby swear or affirm that I served E~ a copy of the Notice of Apl~ea_l, Common Pleas No 0 ~ ..... upon the District Justice designated there n (date of service)_t_~c - ~!~_..~ ...... , I~ oy personal service [] by (certified) (registered) mail, senders receipt attached hereto, and upon the appellee, (name) ,'~ ,' ~ ~ // c ,4'o s ,.-..:.. ,~ ,. ,-~ _~:~;I ~.,,- ~ ? .... ~ ...,__;.; ~ by ~perso,na? service ~-~y'i~'~rtified~(-iegisteied) maii ~e-nder's rece ,t attached h~r~o vJ~nU ~urmer mai i serveo [ne ~u~e ro h~e a L;omp~a~nt accompanying the above NOtice of Appeal upon the apl~ellee(s) to whom the Rule was addressed on _]i>.,- l ~ .- ~ ~ by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED)AND SUB~RI.B~,EFORE ME T,~s~.~_~/_~._. DAY ?F_ ~._'"~ ',_~ 'b Title ot official December 23, 2003 Prothonotary Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Common Pleas No. 03-6417 Complaint Plaintiff: Wildman Home Products, Inc. 1113 Bridge Street New Cumberland, PA 17070 717.774.7124 VS. Defendant: Barry & Michelle Rosemarie (Defendant) 506 Market Street, 2ndfl Lemoyne, PA 17043 717.919.9106 Wildmun Home Products Inc. would like to reinstate the claim and/or answer to appeal: 1. Damages for injury to real estate property, to wit: unknown still occupied. 2. And additional rem remaining due and unpaid on bearing date. 3. A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: untimely payment of rent- harassment of landlord & employees. Sincerely, W'fldman Home Products Inc. Thomas A. Wildman, President Copies Enclosed: Landlord and Tenant Complaint Notice of Judgment/Transcript Residential Lease Notice of Appeal COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~CUMBERLAND MaGisterial District Number: 09-1-01 District Justice Name: Non, Chades A. Clement, Jr Olde Towne Commons 400 Bridge St-Suite ¢3 New Cumberland, Pa. 17070 Telephone: (717)774-5989 LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAMEandADDRESS [~Wildman Home Products Inc. Thomas A. Wildman, President 1113 Bridge Street ~_~%%e~umberland, PA FA~070 774-7124 'VS. 930-0349 DE~E.~DANT: NAME and ADDRESS Barry & Michelle Rosmarine 506 Market Street, 1st floor Lemoyne, PA 17043 L~one: 919-9106 -TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you possession of real property for: Lease is [] Residential [] Nonresidential. for the ~m-~amages for injury to the real property, to wit: Docket No.: LT-0000625-03 Dats Filed: 11/25/2003 AMOUNT Filing Costs $ 68.00 Postage $ Service Costs $ _ 20.00 Constable Ed. $ _5,00 Total $ 93.00 unknown still occupied · DATE PAID ]-1 /25 /2003 / / 11 /25 12003 11 /25 /200 1i /25 /200 estimate 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: 1. 2. 3. in the amount of: - 1,500.00 45O.OO 1,950.00 The location and address, if any, of the real property is 506 Market St., ist floor, Lemoyne, PA 1704B The plaintiff is the landlord of that property. Yes He leased or rented the property to you or to under whom you claim. [] Notice to quit was given in accordance with law, or [] No notice is required under the terms of the lease. [] Rent reserved a_n_d_d_u e__h~as_' .upor~ ¢~em?~d, remaiqe~d unsatisfied. Y~u ~tair~ the re~l property and refuse to give up its possession. 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: untimely payment of rent - harassment of landlord & employees or I, Thomas A. Wildman verify that the facts set forth in this c?~plaint are true and correct to the best of my knowledge, informat on and belief. This statement is m/ada subject to the p~e~li~es of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) relating to unsworn falsification to au.thoii~ties (signature of Plaintiff) (Plaintiff's Attorney) (Address) ( ) (Phone IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing· IF YOU HAVE A CLAM 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 a complaint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises. If you are disabled and require a reasonable accommodation to gain access to the Magistsrial District Courl; and its services, please contact the M~lsterial Distri ct C~.Hephone number. We are unable to provide transportation. AOPC 310A-02 Remarks and Summary of Testimony May be Recorded on Reverse Side COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09 -1-01 CHARLES A. CLEMENT, JR. ztO0 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA TCephone:(717) 774-5989 17070 WILDMAN HOME PRODUCTS, INC. 1113 BRIDGE ST NEW CUMBERLAND, PA 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS CWILDMAN HOME PRODUCTS, INC. 1113 BRIDGE ST NEW CUMBERLAND, PA 17070 VS. DEFENDANT: NAME and ADDRESS ~OSMARINE, BARRY/MIC~ELLE 506 MARKET STREET 1ST FLOOR ~EMO~'Iq~, PA 17043 Docket No.: LT- 0000625-03 Date F led: 11/25/03 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PSAINTIFF E~] Judgment was entered for: (Name) WILDMAN HOME PRODUCT, S, INC. Judgment was entered against ROSMARINE, BARRY/MICHELLE in a [] Landlord/Tenant action in the amount of $ 93.0~0 on 12/08/03 , (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 450.00 The total amount of the Security Deposit is $ .00 J J Rent in Arrears Physical Damages Leasehold Property Damages/Unjust Detention ~'"l Attachment Prohibited/ 42 Pa.C.S. § 8127 [] This case dismissed without prejudice. ] Possession granted. E~ Possession granted if money judgment ] Possession not granted. Total Amount Established by DJ ,.,L.,ess . Security Deposit ApEl~d : AdjudicatedAmo.uat.. $. .uu-$ .u = $ u $. .oo-$ .oo = $ .00 $ .00-$ .00 = $ .oo Less Amt Due Defendant from Cross Complaint -- $ . O0 Interest (if provided by lease) $ . O0 L/T Judgment Amount $ , O0 Judgment Costs $ 93. O0 Attorney Fees $ . O0 Total Judgment $ 93.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ; not sal:lstled Dy time of eviction. E~ 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 ~3AYS AFTER Tt'tE DATE-OF~NTRy~)F~I.IDGNIENT1N~Wl~ICH~O'~IL~-3~.~'~I(J I ~EqDF APPEALqCV~TH 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, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. DEC-8 2D0~Date ~ ~, ~'-~-~--~ · ,District Justice I certify that this is a true and correct copy of the record of the proceetdings containing the judgment, Date , District Justice My commission expires first Monday of January, 2008, SEAL AOPC 315A-03 JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT Not/ce is g/yen that the appellant has filed in the above NOTICE OF APPEAL date and in the case mentioned bolaw. Court of Common PJeas an appeal from the judgment rendered by the Distrid Just/ce · ' · J.~. / This Nohce of Appeal, ~he~'=". .... .- .'. ,,.~ r~ ~.~..j.p. Na I If--~l~/lant ~as CLAIMANTr~ ~. ~: _._ - / SUPERSEDEAs fo u__ . ', recelve~ ~y the ~Dist6cf Just/ce. will .... I ~,-, .... ,~v/(see Pa. R.C.P. Jp N~ ~ ,"~juagme? forpc~ssesslan*inthscos~ .", w,, operate os o J 1001( 6) in action before Distric .... '"- r ., '": , , {. :, '~ '~,~ , I ..... ,,~,,,'usr/ce, he MUST , ' ' t-lLb A COMPLAI ~ i ~,; ' ~ ~" ~, ' ~. I /-;Lb A C ~NT within twent- ~ .... J ' / '~' l~ilino hie "~ ,~-/-C/4L ~' l~u! c/ays after ~ ~ ~ypr Deputy - . ....... PRAE¢IPE.. T~ i%ff~o~;",,.,.nn,-,<'' "al~al to be set,ecl upon al~ellee). 001(7) ~n acOon before District Justice Enter rule upon ~~---' , °l:)peJlee(s), fo fiJe a complaint in this appe¢~ (Comman Pleas Nc~ 03-6~27 . ) within fwenf¥ (20) clays after servic~ ~f rule o¢ suffer entry Qf judgment of non pros. RULE: To (1} ~'ou am notified that a ru{e s he~.by entered upon you to fi{e a complaint in this appeal within twenty (20) days after the date of service of this ru{e upon you by personal servsce or by certified or registered mail. (3) T~ ~ ~f ~,,rvk, e~f ~is ~'~,~ ...... .---,,, W~U. BE ENtEREu AGAINST YOu. p~L.-5- ,t' ~ ,,?,;,jl;~".ce was uy ma,f ~s the date of moiling. AOPC 312-90 COPy TO BE SERVED ON APPELLEE