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HomeMy WebLinkAbout08-6762.COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 013 - 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 Magisterial District Judge on the date and in the case referenced below. Phelaro, Inc. 109-3-05 I Mark Martin ADDRESS OF APPELLANT CITY STATE ZIP CODE 26 West Main Street Mechanicsburg PA 17055 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' October 17, 2008 I Borough of Mechanicsburg CV-0000301-08 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. VS Phelaro, Inc. It was FROM (see Pa. R. C. P. D. J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing 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.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Borough of Mechanicsburg appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 694. Cv` , within twenty (20) days after service of rule or suffer entry of judgment of non pros. ,o L7" &gkz Si ature of appellant or attorney or agent Seth T. Mosebey RULE: To Borough of Mechanicsburg , 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: November 14, 2008 Signature of P onot uty YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. NOTICE OF APPEAL AOPC 312-05 IT ? Zv F 0 •c b • COMMONWEALTH OF PENNSYLVANIA Pn IAITV t-W- Mag. Dist. No.: 09-3-05 MDJ Name: Hon. NAM MARTUff Address: 507 Z YORK ST 11t=CKMCSSURG, PA Te4ephone: (717 ) 766-4575 17055 PLO XNCC Z 6 N NAM STSZ=T 1111CRMCSSIM, PA 17055 THIS IS TO NOTIFY YOU THAT: DRYAULT J1QD?T PLT7 Judgment: Judgment was entered for: (Name) NOTICE OF IV?GCASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS rNowum or IzCS=ICSSV1t0 36 N ALL= 0T1tZZT 111MCKANXCSSV=O, PA 17055 L vs. J DEFENDANT: NAME and ADDRESS rP=LUO XNC Z 6 N 11t71Ix STRM =CZANICSSII=O, PA 17055 L J Docket No.: CV-0000301-08 Date Filed: 9/11/08 © Judgment was entered against: (Name) PLO I1iC in the amount of $ 561.5' Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Date ANY PARTY HAS THE RIGHT TO APPEAL WnM 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL: WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR 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. (Date of Judgment) 10/17/08 90=0IIGM or MCKANXCO, 8=0 /% 4,/--; ?, Total Post Judgment Credits Post Judgment Costs $ pl.7v $-._ .00 $ 561.501 8 1 Certified Judgment Total $ , Magisterial District this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge ZOlZ My commission expires first Monday of January, SEAL a n n n -n i So; a a a 42 (301 D 6......- ._. -I .I - r Postage $ "a!' ? Certified Fee ! r 2 r F o r-1 r C3 Return Receipt Fee 42.20 £ i i? C3 Retu, I R.e Dt FY - i • P I C3 (Endorsement Required) fl C:l JincorserreitF iur!.d1 4 to a L) G liestdctef Del v, ry f ea ICI .00 JQ co M Restricted Delivery Fee f ?•Q(? +` . C3 (Endorsement Required) i. C (Endorsee, ntrtF,airc3r ?VV{! Qf $5.32 1111dr 70++? !;'a.32 /1 rI Total Postage & Bees rl Total Prk lage ?i F`es + - . - -- r et; pt. o.; Scree , A e N+7.' l or ox C] or PO Bor NcL ...... ............ Crry, Stat p+4 j r? Crty, StatE, Z!F' a I +f t :E OF APPEAL AN r' + + ?? kl?? y of t I '?... ;10) DAYS AFTER flif COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.08-6762, upon the Magisterial Dist icl: Judge designated therein on (date of service) November 14 2008, ? by personal service ® by (certififld) (registered) mail, sender's receipt attached hereto and upon the appellee, (name) Borough of Mechanics,24rI, on November 14, 2008 ?by personal service ® by (certifiea) (,egistered) mail, sender's receipt attached hereto. (SWORN) FFIRME AND SUB CRIBED BEFORE ME THIS aDAY OF&L, 20 V X (AM) Y I Sig atu of official before whom affidavit was mace Signature of afant Seth T. Wosebey r WO Ar" Title of offi ial My commission expires on , 20 _ Member, Pennsylvania Ai;z8- i,*- R Notirios COMMONW T OF PENNSYLVANIA " r?tafial seal Mara: ;?rina. Notary Public Carrisle Cumbe+iand County MY OorqMftsion Expires Aug. 18, 2011 AOPC 312A - 05 01/15/2009 14:36 717-243-1850 MARTSON LAW OFFICES F:TILES%ClWMA12586 ThOMRA12586.2,Pra2 Gated: 9120104 0:06PM Revimd: 1114/09 3:22PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PAGE 02/03 BOROUGH OF MECHANICSBURG, Plaintiff V. PHELARO, INC., IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 2008-6762 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Hubert X. Gilroy, Esquire on behalf of th a Defendant in the above matter. Dated: January, 2009 Defendant Hubert ilroy, Esquire Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 (717) 243-3341 ID #29943 Attorney for Defendant S / r77