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Home My WebLink About08-4629 ./ _% COMMONWEALTH OF F{ NPISTLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 08 " 46 Aq Lw I _I 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. NAME OF APPELLANT d -T MAG. DIST. NO. (A- 3-0 q NAME OF D.J. pl '1? ue-so` 01drovi nomoS ac_tq ADDRESS OF APPELLANT I d CITY L i- STATE ZIP CODE 155 SCA&r i o (A o DATE OF JUDGMENT IN THE CASE OF (Pb diQ) s\ (DM rwow mop x v6 DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT ur 0000 q g - 07 M, ?WAOdnl This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. . 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the merit for possession in this case. s (20) days after filing the NOTICE of APPEAL. cFDV SOMA" of ary PRAECIPE TO ENTE R 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 S 3 k L) n k s M G f lp appellee(s), to file a complaint in this appeal Name of appeAee(s) 'iV; ) within twenty (20) days attar service of rule or suffer entry of judgment of non pros. (Common Pleas No. b 46,gQ 0 Signa - of app t orattomey or agent RULE: To 51 x h (Fh k / l t 14 P , appellee(s) Name of appep 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: A , 200S S ottx_? Eaxe DM -m • signature 1 ary or bii;w 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 d • PROOF OF SERWCE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT boxes.) (This proof of sefvice MUST BE FILED WITHIN TEN (10) DAYS AFTER fi?ng of the notice of appeal. Check applicable 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, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 ? by pence service ?, by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of affient Signature of official before whom affidavit was made Tilt of oftel My commission expires on 20 .r . .'b COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS County Of Cam` _ _ _? PLAINTIFF: NAME and ADDRESS I Yx. l_t nICS I(Yl,l+4) 7 I ss SQdtwlt CkUJ?Clk K2Ck4"XLCS 6 UY_3) Pct. t? 4 J vs. DEFENDANT: NAME and ADDRESS S5 S ct1 e n.? C ,c rc?l 12C, . ?a f t? o ?rn? a ?csb r?l P . osn.? Common Pleas Docket No. TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) l ?(?2,YUt Lo-? (o 0 I' (print name and address here have filed a notice of appeal from a magisterial district court ju ment awarding to my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the judgment for rent awarded by the magisterial district court. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I have/have not (cross out the one that does not apply) paid the rent this month. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date SIGNATURE OF TENA AOPC 312-08 (B) . , ?61 COMMONWEALTH OF PENNSYLVANIA WUN I Y- Vh: a.va AX4aUW Mag. Dist. No.: 09-3-04 MDJ Name: Hon. TROJU1S A. PLACEY Address: 104 S SPORTING HILL RD 11139CHANICSHV1t6, PA Telephone: (717 ) 761-8230 17050 TERRSA OLDROYD 155 BALM CH01t,CH RD LOT 60 -SIX LINKS IMP 111112CHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: X? Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: ` RESIDENTIAL LEASE I'-SIX LINKS MIRP NAME and ADDRESS 7 155 SALEK CMMCH RD 111139CHANICBRURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS rOLD1tOYD, TE1tESA -I 155 SALIN CMMCH $D LOT 60 -SIX LINKS MP PCHANICSHIIiLQ, PA 17050 J Docket No.: LT-0000439-08 Date Filed: 7/14/08 (Name) SIX LINKS NzP Judgment was entered against OLDROTD, TE1tZSA in a ® Landlord/Tenant action in the amount of $ 3,955.00 on 7/22/08 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 355.00. The total amount of the Securitv DeDOSit is $_ 355.00 Total Amount Established bg t?J Less • Security Deposit Applied = Rent in Arrears $ , 5 y .00-s .00= Physical Damages Leasehold Property $ .00-s 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. Total Judgment Fil Possession granted. ? Possession granted if money judgment is ? Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudica ed Amountt $,550.00 00 _00 $ _00 $ z-ro on $ 3,SOb 00 $ 1155-00 $ _no $_ 3,955.00 ? 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 DEPOSR 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. /10 J,UL LI- 6 Date , Magisterial District J certify _ at this is a true an rre co s containing the jucigmen Date Magisterial District J My-commission expires first Monday of January, 2010. CPeI • R ti iZ .n mt. r= .J3 --- ?: J3 R t'2. ? RotUr R, 'e!U E: -------- ?ark (E id),err nt er , f c^, :3 F es ric ted De er, (6idusemant 9q-,r.c? a T?telf'ostag, &FeEs $ $5.3 - --Z) 1 X .... 1 ..... rn_. --.. sine:, 3 II ` orFo3cxAl7. C ?.. SCjQvy) Y C_.. SiaiS`Z ----- --- 1. o c ?CL V1 i CSb Uy, 1? 10 5h -*) -71 M t ` • a :- fY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT {This proof of service MUS r- i E FILED WITHW TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNS i'1_VANIA COUNTY OF I((}? ; ss AFFIDAVIT- I hereby (swezir) (affirm) that I served a copy of the Notice of Appeal, Common Pleas C)' LL (Opon the District Justice designated therein on (date of service) 20 p?, ? by personal service Q`6-y (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) f?'lh1L<, m ?-} p on 20 ()$ ? by personal service 2?ry (certified) (registered) mail, 9en5 receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS / -DAY OF 2441G,.j 20 OP Signature of affiant Signatur of fiWialbe ore whom affidavit was made Title of o cial My commission expires on ?A, ,, . V 20 10 NOTARK SEAL PFKRW G NOTARY PLKW COUNTY COURTHOUSE CAM U cmwiu MY CONMttINON S JANUARY 4.2010 PR. & W,2- 0?- O Y/ Tn OF COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DiSTi T JUSTICE JUDGMENT COMMON PLEAS NO. " 4toAq t!J1A" NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgrent rendered by the District Justice on the date and in the case referenced below. -T1" V -1` off- o7 I )\x -.ti,r,KS M"p V6 SK MAW OF AP'EUAW OR ATTORWY OR A M - f-1 - U9 f This block will be signed ONLY when this notation is required under Pa. If appettent was Ctai mr# R.C.P.D.J. No. 10088. Ems' R:C.P.CJ.J. 1001(6) in action This Notice of Appeal, when received by the District Justice, will operate as a b*bre a Distrld JuWc&, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment furor WouLln this case. 1S/ y(j 20) days aft r f the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE Cd .INT AND RULE TO FILE (This section of forrrt to be used ONLY when appellant was DEFENDANT (me Pa.RC P.D.J. No. 1001(7) in acOon before Oftict Justice, IF NOT USED, detach from copy of nodve of appeal to be seined upon appellee. PRAECIPE: To Prothonotary Enter rule upon a J ! k j h k s MH s), to file a; complaint in this appeal NWW Of 8APON00) (Common Pleas No. 6. 47 5 c99 1?V ' / ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. tr» f ataMOViFeyoragsnt RULE: To ,?I k k it) L r 1 a P appefte(s) Nbare ofappol"(8) (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 * I service or by caertifted or registered Mai. (2, '44c 1 t ;,a c if within this tte, a JUDGMENT OF NON PROS MAY BE €NTEAED AGA AST YOU. i) The date of serviceoti a if service was by mail is #* des>o(the mailing. a - D 200, 7ILQ. ] AL -Zl = b 1f+ f UST INCLUDE A. C( *Y OF THE NOTICE OF J{JDOM$NTIT COPT FORM WITH THIS NOT" OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN- COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TORE SERVED ON APPELLEE GOLD COPY TO BE SE MM ON VISTRtCT JUSTICE STANLEY DYE and SUSAN DYE, : IN THE COURT OF COMMON PLEAS OF D/B/A SIX LINKS MHP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. D$ - qb.2? CIVIL TERM TERESA OLDROYD, Defendant LANDLORD TENANT APPEAL IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 J STANLEY DYE and SUSAN DYE, : IN THE COURT OF COMMON PLEAS OF D/B/A SIX LINKS MHP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. TERESA OLDROYD, Defendant NO. d8 - y( JCIVIL TERM LANDLORD TENANT APPEAL COMPLAINT AND NOW this 25 th day of August, 2008 come Plaintiffs, by and through their attorney Joseph D. Buckley, Esquire and Complain of Defendant as follows: 1. Plaintiffs, Stanley Dye and Susan Dye, are owners of real estate located in Cumberland County at 155 Salem Church Road and operate thereon the Six Links Mobile Home Park. 2. Defendant, Teresa Oldroyd, is an adult Pennsylvania resident currently residing at 155 Salem Church Road, Lot 60, Six Links Mobile Home Park, Mechanicsburg, PA 17050. 3. Defendant is the owner of a mobile home located 155 Salem Church Road, Lot 60, Six Links Mobile Home Park, Mechanicsburg, PA 17050. 4. In March 2006, Defendant leased lot #60 from Plaintiffs at an agreed monthly amount of three hundred and fifty-five Dollars ($355.00) with a late fee charge of $25.00. The lease was renewed in March 2007. 5. Defendant refused to pay rent which was due and owing for the months of October 2007 through the present. 6. Defendant refused to pay the late fees associated with the lack of payment. 7. Plaintiffs filed a Landlord Tenant Complaint against Defendants for failure to pay rent on a timely basis and failure to pay back rent and late fees and requesting possession of the Lot. 8. Plaintiffs were awarded a judgment for back rent and costs totaling $3,955.00 from Defendant which has been appealed by Defendant. Y 9. Plaintiffs desire back rent, costs and fees and possession of their property. WHEREFORE, Plaintiffs pray this Honorable Court enter a Judgment in their favor in the amount of equal to all back rent and late charges, together with filing fees and service costs now totaling in excess of $4,500.00, and any future rents, fees, and costs including reasonable attorney fees. Respectfully submitted, 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 VERIFICATION We, Stanley Dye and Susan Dye, the Plaintiffs in this action, verify that we have read the foregoing Complaint and to the best of our knowledge, information and belief the statements made therein are true and correct. I understand that the statements made herein are subject to the provisions and penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. 112? Z42 - Stanle Dye - Adle?? xl'?? Susan Dye Date: August 25, 2008 CERTIFICATE OF SERVICE It is hereby certified that a true and correct copy of the foregoing Complaint was served via first class mail, postage prepaid, addressed as follows: Teresa Oldroyd 155 Salem Church Road Lot 60 Mechanicsburg, PA 17050 Date: - u? Y L.L. - ?VTTT 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 _Ti gam.? t _. 4S.J David 1n.. Bueff Prothonotary KirkS. Sohonage, ESQ, Sorcitor &nee X Simpson Ft Deputy Prothonotary Irene E. Morrow 2"d Deputy Prothonotary Office of the Prothonotary Cum6erfand County, Tennsy(vania n A - 1142,.9 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite 100 • Carfsle, TA 17013 • (717) 240-6195 • Fav (717 240-6573