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HomeMy WebLinkAbout08-5818r .-.l COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. C,>9 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. ....4 vs %8/d 6 ?r ovov i3 y-45 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. siy wk-ofRorAo -y-Dead C r appellant was Claimant (see Pa. R.C.P. 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 Name Of aAwl"(s) appeilee(s), to file a complaint in this appeal (Common Pleas No.--5??? within twenty (20) days after service of rule or suffer entry of judgment of non pros. J ?n . Signatureo/appeDant anomey-asenr RULE: To , appellees) Name of appe#Ws) (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: / .20 CV: YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE 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 PROOFI (This proof of service MUSt COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served W APPEAL AND RULE TO FILE COMPLAINT DAYS AFTER filing of the notice of appeal. Check applicable boxes.) ? 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 personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature ofafFiant Signature of ofWal before whom affidavit was made Title of official My commission expires on .20 Ci m ? cc tY't ' o ---I r r ? ? `. 3:20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C'11IMBERLAND Meg. Dist. No.. MDJ Name: Hon. 09-3-02 VIVIAN COHICE Address: p0 BOX 155 27 N BIG SPRING NAWILLE, PA Telephone: (717 ) 776-3187 AVE 17241 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE liASH, JOMI O NAME and ADDRESS 16 HILL RD CARLISLE, PA 17015 L DEFENDANT: rkASH, HEA 16 HILL RD CARLISLE, PA HEATHER DASH L_ -I 16 HILL RD Docket No.: LT-0000139-08 CARLISLE, PA 17015 Date Filed: 8/18/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Z? Judgment was entered for: (Name) NAgH, JOHN O Judgment was entered against DASH, HEATHER in a ® Landlord/Tenant action in the amount of $ 504.05 on 9110108 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 200 , 00. The total amount of the Security Deposit is $ .00 Total Amount Established I OMpJ06ess -Security Deposit AppIO d _ Rent in Arrears uu 0y 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 F] This case dismissed without prejudice. Total Judgment ® Possession granted. ? Possession granted if money judgment ? Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total J vs. NAME and ADDRESS THER ? 17015 $ Adjudicated m 00 400. $ .00 $ _00 $ -00 $ _00 $ 400-00 $ 104_05 $ _00 $ = 504.05 ? 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 JUDGMENTITRANSCRIPT 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. V 6' / - (), ? A ate , Ma isterial District Judge certl at t Is is .a rue an correct copy o the cor o the proceedings containing a judgment. Date , Magisterial District Judge Mir commission expires first Monday of January, 2012. SEAL en c o.ce_ne A , IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JOHN G.NASH, Plaintiff VS. HEATHER NASH Defendant No. 2008. CIVIL ACTION -LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Heather Nash to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 p t C C= Fri c ZZ .. C o - N (Domestic Mail Only; No Insurance Coverage Provided) IL For delivery information visit our website at www.usps.coma r Er- a"-`) rl- .. _ rzs ['` Postage $ Z C3? OO Certified Fee VI O stm Retum Receipt Fee I Here M (Endorsement Required) p Restricted Delivery Fee e f (Endorsement Required) C3 Total Postage & Fees [ r ; r^' r *f ?q N Sent To it liCc J -0 C3 / ..... / ...-------------------------------------- r* Sheet. APL No.: or PO Box No. ----------------------------------------------------------------------------------- City Stale, ZIP+4 7 01-S-- 1WOOF 0 0104V"EADFA"E 1L AND RULE TO FILE COMPLAINT (This pr=oof of service MUST 8L FILED tMtTHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALM OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT I hereby (swear) (a 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) ( red) mail, sender's r eipt attached hereto, and upon the appellee, (name) on /C,` ! / , 20 4e-1 ? by personal service Utiy (certified) (re mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made ? 1. Title of official Osignature of afant My commission expires on 20 Postal CERTIFIED MAIL. RECEIPT (Domestic Mail only; No insurance coverage Provided) NUTART c0 CAusL 4.2010 ? Postage $ ? 2 s ?tmark Certified Fee 2 U ? ' Postmark ru Return Receipt Fee A re 1 C3 (Endorsement Required) f ©d O t O Restricted Delivery Fee 1 (Endorsement Required) Y 2006 ,.D Total Postage & Fees 4', 2 -0 SentTo IOf?'(,1 ??(G ..?' -0 I . No., O Street, Apt. No., D or PO Box No. E7 ? --- / (/v tr r ? City State. Zlf'+4 ? ?Oif.?!?/%/P . a?11 ' r7 ? ?L? GUMMONWEALTH OP PENNS COURT OF COMMON PLEAS Judicial District, County Of vs DISTRICT JUSTICE JUDGMENT L I CONWON PLEAS No. 0 C 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. 1 10b This block will be signed ONLY wheq this notation is re"red under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. sown.aprodwk ay or ow* NOTICE OF APPEAL FROM . r appellant was Claknant (see Pa. R. before a District Justice, A COMPLAINT MUST BE FILED With twenty (20) days after ftV 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.RC.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 appeoWs), to file a complaint in this appeal (Common Pleas No. 4)g- within twenty (20) days sitar ice of rule or suffer entry of judgment of non pros. SlgnarureofaAp?N?rat yo?•o RULE: To .! • appellees) Name of sppelres(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 cerNled or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. YOU MUST INCLUDE A COPY AF THE NOTICE OF JUDOMBIMM AN PT Forty 1'tk (3) The date of t e Buis rile if service was by mac is the date of the mailing. Dater .20 ? AOPC 312-02 i WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW - APPELLANTS copy Y JOHN G. NASH, Plaintiff VS. HEATHER NASH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL TERM, 08 - 5818 CIVIL ACTION -LAW JUDGMENT OF NON PROS Please enter a judgment of non pros against the Plaintiff and in favor of the Defendant for Plaintiff's failure to file a timely Complaint in the above-captioned action. Defendant's Notice of Intention to take a Default Judgment is attached hereto as Defendant's Exhibit "A." Dated: 4-??6?A Geoffrey M. Biringer Attorney for Defendant 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 JOHN G. NASH, Plaintiff Vs. HEATHER NASH, Defendant To: JOHN G.NASH Date of Notice: OCTOBER 21, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL TERM, 08 - 5818 : CIVIL ACTION -LAW 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE 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. PA 17013 (717) 249-3166 AMKi?dPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Exhibit "A" filllqll?idPenn Legal Services 401 E. Louther Street, Suite 103, Carlisle, PA 17CI L 717-243-9400 FAX 717-243-8020 Toll-Free 800-822-5288 www.midpenn.org October 21, 2008 John G.Nash 16 Hill Road Carlisle, PA 17015 Re: Nash v.Nash 08-5818, Cumberland County Dear Mr. Nash: Enclosed please find an "IMPORTANT NOTICE." Should you have any questions in this regard, please do not hesitate to contact me. Sincerely, Geoffrey M. Biringer _?! LSC c" ° Cn ca -i7 • F r-n X