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HomeMy WebLinkAbout09-1832toI MONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS bland (bunty JUDICIAL DISTRICT 09-1-01 FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. t v - i?3a C?,wl 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT Ira J. Heller EDS NOTICE OF APPEAL MAG. DIST. NO. OR NAME OF D.J. 09-1-01/Charles A. Clement, Jr. ADDRESS OF APPELLANT CITY STATE ZIP CODE 1106 Carlisle Road Camp Hill PA 17011 CLAIM NO. CV YEAR 84-09 LT YEAR vs. This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. If appellant was Claimant (see PA R.C.P.J.P. . This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. gna re o no ry or VWury 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.J.P. 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 Lloyd/ Sheri Deere , appellee(s), to file a complaint in this appeal ,?- Name of appellee(s) (Common Pleas No. 09`mp 6&4?) within twenty (20) days after service of rule r e dgment of non pros. S" appellant or his attorney or a RULE: To LlOYd/Sheri Beere , appellees) 1°? U Lj??f f /Y?t /"t` Name of appellees) c.? (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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule 6 service was by mail is the date of the mailing. Date: '/?7 QK 5pt , Year White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Signature of Prothonota r Diputy Proth. - 76 x L 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served ; ss El a Copy of the Notice of Appeal, Common Pleas No. (date of service) ? the ?? Justiee W therein on year (e W04 (registered) mail, sender's receipt attached hereto, and upon the appellee, (name on , Year , ? by personal service Q by (certified) (registered) mail, sender's receipt attached hereto. 13 and further that I served the Rule to File a Complaint accompanying the above-Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year by personal service ?by (certified) (registered) mail, 3~8 receipt el eo eereto. SWORWAFFIRMED) AND S BEPORE ME THIS DAY OF . YEAR S& N*" of oriel before whom aNidM was made Me or oftial My commission expires on , year spa aamanr C7 N '? :.Imr C? Q M I ICOMMONWEALTH OF PENNSYLVANIA MI INTV nF• C?ERL??ND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARMS A. CLBNENT, JR Address: 400 BRIDGE ST OLDS TOIIIRE CONNONS -SUITa 3 NEW cE1H8E>it aND, PA Telephone: (717 ) 774-5989 17070 ATTORNEY DEF PRIVATE : STEVEN J. SCHIFFNAN 2080 LINGMSTON SSRRATELLI & SCHIFFNAN HARRISBURG, PA 17110-9445 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT 0ul )GW MT PLTF ® Judgment was entered for: (Name) DEERE JR, LLOYD/SHERI 71 Judgment was entered against: (Name IRA J MMLER DDS/PROFESSIONAL CTR in the amount of $ 2, 08Q .7 Defendants are jointly and severally, liable. Damages will be assessed on Date & Time This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2,000.00 Judgment Costs $ 80.75 Interest on Judgment $ - Attorney Fees $ .1130 Total $ 2,080.75 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 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 JUDGMENT/TRANSCRIPT 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. JAR 13 2009 Date (?4" 4.( • U , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2014 SEAL NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rBESRa JR, LLOYD/SBERI 6030 NERTZVILLE RD ENOLA, PA 17025 L -I VS. DEFENDANT: NAME and ADDRESS rIRA J HaLLnt DDS/PROFESSIONAL CTR , 1106 CARLISLE RD CAMP HILL, PA 17011 L J Docket No.: CV-0000084-09 Date Filed: 2/04/09 (Date of Judgment) 3/13/09 AOPC 315-07 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE C MPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes COMMONWEALTH OF PENNSYLVANIA COUNTY OF Dat in ; ss AFFIDAVIT: I hereby swear or affirm that I served ® a copy of the Notice of Appeal, Common Pleas No. 09-1€332 Civil upon the District Justice designated therein m (date of service) March 25 , year 2009 , [:]by personal service Eby (certified) (registered) mail, sendWs receipt attached hereto, and upon the appellee, (name Lloyd i4 Sheri PAeere .:von March 25 , year 2009 by personal service E3 by (certified) (registered) mail, sender's receipt attached heroW © and further that 1 served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on March 2-5, year 2009 , O by personal service jMby (certified) (registered). mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 25 PAY OF Marc YEAR 2009. Sonarure of ~ before whom anldava was Notary Public Me Of official My commission expires on March 24 year 2011 WTH0FFPPENNS _ VANW 4ft 000rjy W CM"bdMWM 2t 2011 PertnSylvania Association of Notwies COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cm-* .rlan0 artinty JUDICIAL DISTRICT NOTICE OF APPEAL FROM EN ' T JUSTICE JUDGMENT --? --?1 COMMON PLEAS No. NOTICE OF APPEAL ucr lakowirdW& vs. CV YW6 SIONATURE OF A -c : 3 ' LT YEfk&i Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NMA.EE OF APPPEL7LsA,N.T1 MAO. DIST.. NO. OR NAME OF D.J. T .u. a J. 1TC1ler ms- 09-1 -01 ADDRESS OF APPELLANT CITY STATE ZIP CODE 1106 Carlisle PDad f aLy €lill fl is block will be signed ONLY when this notation is required under PA. If ,wras Ci9l *&at Ow PA R.C.P.J.P. R.C.P.J.P. No. 10088. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action bol #Wrict Justice, 1v A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A C©WLAdH wrth?f testy (20) days after fft his NOTICE of A>i kL. rim ?. (This section of form to be Used ONLY appe"ant .. IF NOT USED, detach hvn copy of notice of apf i "be i"Fup;n i PRAECIPE: To Prothonotary 'I', PAP. No. 1001(') In action before lhst6d Justice. Enter rule upon _'LlOyd/ ShW$ . Flamm , appeltee(s), toile a complaint In this appeal (Common Pleas No. within twenty (20) days after service of rule ment of non pros. S V t46,, h s 6ttomey or RULE: To. UOYd/She , appelteets) t) f r' i i/€ y I XBHM Of c^ r , aPPel () (1) You ar m a rule is hereby entered upon you to file a complaint in this appeal within twent7 W) days -- aftq; 0 *8 oti$st s> this rule upon you by personal service or by certified or regk*ered mail (2) A-you do not file a comp?iryt hin this time, a JUDGMENT OF NON PROS WILL BE &*TERED AGAINST YOU . UPON P.RAtbPE. m (3) The date of service of thi* rut f service was by snail is the date of the mailing. i ? Dade:r7!&r S( Year ?% ?r ury x White - Prothonotary 1 1" Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 M1 - No I 3ortlestic Mail OnJy Coverage nsurance Provided) L WTEDSMTES a U711 , POMSE?tVKE. Certificate _n ? or delivery infcrrnation visit ... . r our website at www.usps.com This Certificate of Mailing provides evidence that Malin as been presented to( This fo J(/y be (s?e^d ordomesgc 8Intemat From_ r!? = ?? 117 1 _ Postage s PA _ ., . S ?? ° Certified Fee k _ ° O ° Return Receipt F (Endorsement Requi r ict d Deli FM t s i_i $Il lit tmar ere oo? (( f A . To: t1 // + L I ° y ve s r e (Endorsement Rsqui U I CX. _ Total Posta e & F $ r ?? 11?. / ?I [i9 Li u _60-4 g ° L11re ? - - "Iz WU0 a rya° ? Nam z [?- orFbBoxNo. f ............... PS Form 3817, April 2007 PSN 7530-02-000-9065 IIho 1a, PA 17025 0 0 0 O • ? LWTW S=TES POSULSAWYO Ee M Certificate Of Maitin -a his Certificate of Mailiry provides evidence that mail has been presented to USPS® for mailin his form may be used for domestic and intem n mail . $ ?[1, x (? ,, 10 Cl/` F- L7 o o z r ?n ? P _ Iris o ~ ¢ °O O Rom Fee ?Q 2[ Poetroerk Here d ?- t ¢ _ a O V1K?S IJUt C3 P4111111110111 DORW (Endas-nWit Req Fee i i ti , i ai l at C TbW Postew & F $ I j,?$7 ?iifE9 6 W A M Ar ? ? © y a 0 o Honorable Charles Clot, Jr 8 o 0 O M1 aPp trurrNo. 400 Bridge St, Ste 3 S Form 3817, April 2007 PSN 7530-02-000-9065 ? Now Ctaaberland, Phi 17070 I-- - 1%. t_: LLOYD & SHERI BEERE, Plaintiffs V. IRA J. HELLER, DDS/ PROFFESIONAL CENTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1832 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT OF NON PROS TO THE PROTHONOTARY: Please enter judgment of non pros against Lloyd & Sheri Beere, Plaintiffs in the above- referenced matter, for the failure of the Plaintiffs to file a Complaint as required by the Rule dated March 25, 2009 and served upon the Plaintiffs March 27, 2009. I hereby certify that Notice of Intention to Enter Judgment, a copy of which is attached hereto, was given by first-class mail, postage prepaid and deposited in the U.S. mail on April 18, 2009, addressed as follows: Lloyd & Sheri Beere 6030 Wertzville Road Enola, PA 17025 Respectfully submitted, SERRATELLI,SCHIFFHAN,BROWN & CALHOON P. C. Date: April 29, 2009 iteven J. S iffman, Esquire Jeni S. Pilgrim, Esquire Pa. ID Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717)540-9170 Attorneys for Defendants LLOYD & SHERI BEERS, Plaintiffs V. IRA J. HELLER, DDS/ PROFFESIONAL CENTER Defendant TO: Lloyd & Sheri Beere, Plaintiffs DATE OF NOTICE: April 17, 2009 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1832 CIVIL TERM 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 (10) 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 By eni S. Pilg , Esquire SERRATE LI, SCHIFFMAN, BROWN & CALHOON, P.C. I.D. No.: 209536 Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 CERTIFICATE OF SERVICE I, Jeni S. Pilgrim, Esquire, hereby certify that I have served a true and correct copy of the foregoing document, IMPORTANT NOTICE - DEFAULT/NON PROS NOTICE, by depositing such in the U.S. Mail, first class, postage prepaid, addressed as follows: Lloyd & Sheri Beere 6030 Wertzville Road Enola, PA 17025 Dated: April 17, 2009 By J ' S. Pil squire . No.: 2095 6 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 ¦ Complete items 1, 2, and 3. Also complete A. Sign a m ? Agent Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse X( JT( 2, " PIP ? Addressee so that we can retum the card to you. B. Received by (Pdrded Name) " C. Date o2 Delivery ¦ Attach this card to the flack of the mailpiece, r C or on the front if space permits. D. Is from 1? ? Yes 1. Article AddressIto: U ?? If YES, enter delivery address below: ? No o ? a m m D t fill l5' 1 Card MaN o raee ? Registered ?atum Receipt for Merchandise ? insured mail 13 C.O.D. 4. Restricted Ddkwy? (Extra Fee) ? vas 2. Article Number MWWW 7008 0150 0002 2957 5544 PS Form 38 , ebruary 2004 Domestic Return Receipt 102595-M s OF THE PN{.:?tTHOINOTARY, 2209 AR 29 PH c;i 16 a 21? Q?? acl?l[3 LLOYD & SHERI BEERS, Plaintiffs V. IRA J. HELLER, DDS/ PROFFESIONAL CENTER Defendant TO: Lloyd & Sheri Beere, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1832 CIVIL TERM : CIVIL ACTION - LAW You are hereby notified that on ?d-?--, 2009 a judgment of non pros has been entered against you in the above-captioned case. Date zua/? /? I.. Prothon I hereby certify that the name and address of the proper person to receive this Notice is: Lloyd & Sheri Beere 6030 Wertzville Road Enola, PA 17025 A: Lloyd & Sheri Beere, Defendido/a, Defendidos/as Por este medio se le esta notificando que el de del 2009 el/la siguiente Fallo of non pros ha sido anotado en contra suya en el caso mencionado en el epigrafe. Fecha: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Lloyd & Sheri Beere 6030 Wertzville Road Enola, PA 17025