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HomeMy WebLinkAbout08-2300COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM y- //- 07 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. © e- .?? 300 C'.?`^*-f rr,-.,. 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. CASE OF (Plaintiff) L7-000007708 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. Signature of Prothonotary or Deputy vs was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, 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 served upon appellee. PRAECIPE: To Prothonotary Enter rule upon St. Mark's Luthern Church c/o Paula Smith appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. U g, 2 3 &0 ) within twenty (20) days after rvice of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To St. Mark' s Luthern Church appellee(s) Name of 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: C'i..( -J'? l1 20 e r 5,1 x9 t?xri Signature of rothonotary or Deputy, YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boo e,s 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 (date of service) 20 ? by personal service ? by (certified) (registered) sr?ai=. 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 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 Signa'zrre i? ? b ?,; ° ca 7 r1?r' -? - Q {? Z - 70 C, _ co r CCi` MCN'UVECALTH 'DF PO YL1 ANIA C C) i 1 N T Y,, F' CUMBERLA ., Mag. D-st_ NO 09-1-03 ?IDJ 'vJame. Hor,_ RICHARD S. DOUGHERTY 1 Address: 9 8 S ENOLA DR STE 1 ENOLA, PA I Telepnone- (7171) 728-2805 17025 ATTORNEY DEF PRIVATE JESSICA C. HOLST NOTICE F JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE ,. NAME and ADDRESS 'ST. MARK'S LUTHERAN CHURCH C/O PAULA SMITH 99 SECOND STREET LMEST FAIRVIEW, PA 17025 J vs. DEFENDANT: NAME and ADDRESS 40TRING, TOM, ET AL. 97 SECOND STREET WEST FAIRVIEW, PA 17025 401 E. LOUTHER ST APT/STE 103 Docket No.: LT-0000077-08 CARLISE, PA 17013 Date Filed: 3/10/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [! Judgment was entered for: (Name) ST. MARK'S LUTHERAN CHURCH Judgment was entered against WOTRING, ATHENA in a Fill Landlord/Tenant action in the amount of $ 2, 020.00 on 3/20/08 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 900.00. The total amount of the Security Deposit is $ 600.00 Total Amount Established b6MDJ Less -Security Deposit Applied= Rent in Arrears $ 2, 20.00-$ .00= Physical Damages Leasehold Property $ .00-$ .00= Damages/Unjust Detention $ _00-$ _ 00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. ,?? Possession granted. ; Possession granted if money judgment ? Possession not granted. Total Judgment $ Adjudicated Amount 2,020.00 $ .00 $ _00 $ .00 $ _00 $ 2_020_00 $ .00 $ _00 $ 2,020.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ie of eviction. ? 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 DISTRICT JUDGE. 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 JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. (J Date Magisterial District Judge I ertl y that this is a true an o t copy 01 t~ rec t o ro s containing the judgment. Date Magisterial District Judge St. Mark's Lutheran Church, IN THE COURT OF COMMON PLEAS OF Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- ?-3 OAS CIVIL TERM Tom Wotring and Athena Wotring, Defendants PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tom Wotring and Athena Wotring, Defendants, to proceed in forma au eras. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. n J 'ca ols , Esquire jMidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 C ? 7 N , e.? • icem: ® ¦ A RECEIPT Ln DTI M ui ° O ° Post ,park Re?ur z? 3sa p -- --- Restricted f uv ark Endorsem r rqui-?- O t??'7 < EJI _- Q- t ^ t _= .s T Tota! Postage I i Sent To rl- -- jr{ ;-fr7 _14 It c /? l ? --- . p Street, Apt Na r. or PO Box No. i Citl; State, T_IF+,t .. --------------- ---------------- _ PS Form 3800. Augusl 2006 See Reverse for 1nStrLJCt101t5=j PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C v ? I c ?..A ; 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 C, ? by personal service Id by (certified) (registered) mail, sender's recei t attached hereto, and u on the a ellee, name 1/,j f'"t `' P P PP ( )fit (1 !l r?, ?Ilw .r IrtGi on 20 OC ; ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME -/ THIS I f ?_- DAY OF _ 2008' - ? (' ` r Signature of affiant Signature of official before whom affidavit was made AX p ii - A.I ?YY11Lf i?.?? Titled My commission expires NOTARIAL SEAT. - CMLMLE CUMBERLAND CNOTARY OWN COURTHOUSE MY COMMISSION El MES JANUARY 4, 2010 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS I Judicial District, County Of I NOTICE 0 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment;- Des-, the District Justice of the date and in the case referenced below. NAME OF APPELLANT MAG. DiST. NO - NAME OF G VS Z!P COCI ::'Defendant; This block will be signed ONLY when this notation is required under Pa. If appeltant was Claimant (see Pa. R C P.D.J No. 1001(6) in action, R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a I before a District Justice, A COMPLAINT MUST BE PILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the 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.RD.J. No. 1001(7) in action before District Justice. if NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros Signature of appellant or attorney or agent RULE: To appellee(s) Name of appellees) (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -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 or ( a ST. MARK'S LUTHERAN CHURCH, Plaintiff VS. TOM WOTRING and ATHENA WOTRING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL TERM, 08-2300 CIVIL ACTION -LAW PRAECIPE TO ENTER JUDGMENT OF NON PROS I, Jessica Holst, Esquire, ask that a Judgment of NeA Pros be entered in the above- captioned matter. AttUrEiey for Defendant MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Phone: (717)243-9400 r' . w ST, MARK'S LUTHERAN CHURCH, Plaintiff TC,M WOTRIN'G and ATHENA IN THE COUPT OF COINIMON PLEAS OF CUMBERLA"ND COUNTY, PE?TN1q 'T 'IA NL? CIVIL TERM, 08-2300 4?i TP_L'G, : Defendant CIVIL ACTION -LAW To: ST. MARK'S LUTHERN CHURCH c/o PAULA SMITH Date of Notice: MAY 9, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE y U ACT WITHIN TEN DAYS FROM THE COMPLAINT IN THIS CASE. UNLESS DATE OF THIS NOTICE, A JUDGMENT MOSE YBE ENTERED AGAINST YOU OUR RIGHT TO SUE THE WITHOUT A BEARING AND YOU MAY DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU DO NOT HAVE A LAWYER, GO TOOR?E OU W H INFORMATION FORTH BELOW. THIS OFFICE CAN PRO ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ION LAWYER, THIS OFFICE MAY BE ABOUT AGENCIES THAT MAY ABLE TO PROVIDE YOU WITH INFORMATION OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32S OUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 .r J a olst Attorney MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 C 1 r.' ' 4 27 , .