Loading...
HomeMy WebLinkAbout09-4846COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. G 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. 47- paoo/7g-l0 notation is required under Pa. if appellant was Claimant (see Pa. R.C.P.D.J. No. 10088. 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 judgment for possession in this case. (20) days after Kling the NOTICE of APPEAL. S0Wft-dit-W -y-Dw* 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 - ?4_ appellee(s), to Me a complaint in this appeal O Name of apW"(s) (Common Pleas No. 09 within twenty (20) days after service of rule or suffer entry of judgment of non pros. J,- '0' g 4 . Signature of appellant or y 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing, r Date: y/ 20 O? or Do" G?swa?.- 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 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 ; 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 personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 ?S C0M40,I WEALTH OF PENNSYONIA ( CSI INTY np. CUMBERLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BRIMAKM Address: 18 N RMOVER ST STE 106 : CARLISLE, PA Telephone: (717 ) 240-6564 17013 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rTRIA=LS CAR1/ASH, 400 S HANOVER ST % TODD HOCSLEY OR. LCARLISLB,. PA 17013 J VS. DEFENDANT: NAME and ADDRESS rSMITH, . TRXNA, ST AL. 24 BALTIMORE ST APT/STE 2 CARLISLE, PA 17013 WILLIAM MIZELL L J 24 BALTIMORE ST APT/STE 2 Docket No.: LT-0000179-09 CARLISLE, PA 17013 Date Filed: 6/10/09 THIS IS TO NOTIFY YOU THAT: 3._ Judgments -FOR PLAIHTIIF ® Judgment was entered for: (Name) TRIAs9LE CARWASH, Judgment was entered against SMITH, TRIZR in a ® Landlord/Tenant action in the amount of $ 1,935.25 on 6/23/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 550 , 00. The total amount of the Security Deposit is $ 550.00 Total Amount Establishedd b MDJ Less • Security Deposit Appliedd = Adjudicatted Amount 1 815 00 0 0 1 15 00 , . = $ , -$ . . Rent in Arrears $ Physical Damages Leasehold Property .00- $ . 00= $ .00 Damages/Unjust Detention _ oo - $ -on= $ -00 . Less Amt Due Defendant from Cross Complaint - $ _ 00`. Interest (if provided by lease) $ -00' L/T Judgment Amount $ 1, 815 _ 00 ? Attachment Prohibited/ Judgment Costs $ 120.25 42 Pa.C.S. § 8127 Attorney Fees $ _nn ? This case dismissed without prejudice. Total Judgment $ 1,935.25 ? Possession granted. Post Judgment Credits $ Post Judgment Costs $ F-xl Certified Judgment Total $ Possession granted if money judgment is no sa is ie by time o eviction. ? Possession not granted. 0 Defendants are jointly and severally liable. IN AN ACTI6N 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 - OP 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. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. - 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 MAYBE 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: g5loq Date -'a Cam' f , Magisterial District Judge certi y t at 'M is is a true an Date Corr ct copy o the record o the proceedings containing th e judgment. , Maqisterial District Judge My commission expires first Monday of January, 2012. SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF- CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-2-02 JESSICA BREIBAKZR Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 240-6564 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FTRIANGLE CARWASH, 400 S HANOVER ST % TODD HOCKLEY SR. SARLISLE, PA 17013 J DEFENDANT: I'SMLITH, TRINA, 24 BALTIMORE CARLISLE, PA WILLIAM MIEELL L_ J 24 BALTIMORE ST APT/STE 2 Docket No.: LT-0000179-09 CARLISLE, PA 17013 Date Filed: 6110109 a THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAI I NT FF Judgment was entered for: (Name) TRIANGLE CARICASH, Judgment was entered against MIZELL, 0 L dl T WILLIAM in a an ord/ enant action in the amount of $ 1 ,935.25 on 6123/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 550.00. The total amount of the Security Deposit is $ 550.00 Total Amount Established by MDJ Less. Security Deposit Appliedd Rent in Arrears $ 1 815 00- 00 = Adjudicated Amount 1 Physical Damages Leasehold Property $ , . $ . = .00- $ .0 0= $ ,815.00 $ 00 Damages/Unjust Detention $ _no -1 -00 = . $ 00 Less Amt Due Defendant from Cross Complaint - - $ 00 Interest (if provided by lease) . $ no ? Attachment Prohibited/ LIT Judgment Amount Judgment Costs _ $ 11 9 00 $ 1 42 Pa.C.S. § 8127 Attorney Fees 20 2- $ 00 ? This case dismissed without prejudice. Total Judgment $ 1,935.25 ? Possession granted. a Possession granted if money judgment ? Possession not granted. Post Judgment Credits Post Judgment Costs Certif led Judgment Total VS. NAME and ADDRESS . BT AL. -1 ST APT/STE 2 17013 © 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. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. 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. Date ?GGI , Magisterial District Judge ce I y t at this is a true an Corr ct copy o the record o t e proceedings containing the Ju gment. Date , Magisterial District Judge My commission expires first Monday of January, 2012. An r.31FA.nA SEAL TRIANGLE CARWASH Plaintiff V. TRINA SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09 - y ??b : CIVIL ACTION - LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow TRINA SMITH 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: eoffreYM. Binn ger MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 gip.-off -F CE OF TW- pROTH OTM 2649 JUL 20 PM 3' 56 awi''LiiriL? cXIM ONFII5`+NANIA { fJ3 ?yy??? • O r?wlri ?` r9 C-3 sMla(k I O ( I () O ( - 1 C3' r?cl?-er M D E-3 I -------••------ !?_ ----------- r--Ste --° 6 ?7 0l3 See Reverse for instructions U.S. Postal Se rvice,. CERTIFIED AIL,- REC EIPT Er (Domestic - - Co verage Provided) E3 7-11-m ru rl Postage $ . ? rtified Fee Z - f O Return Receipt Fee Pastritark C3 (Endorsement Required) Restricted Delivery Fee w M (Endorsement Required) r-l Total Postage & Fees $ I C L `C R __C/ (??,f O O s _--.(_!__4 L Cam: / 7 0/? PS Form - :0r 2006 See Reverse for 11IStRICN01170 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This r> : nl rr?f rE rt r r 14f}ST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMM, )rI N1=ALTH OF PEN'NSYL ANIA COUNT",( c)F /i ?. ; ss AFFIDAVI'-": I hereby (swear) (affirm) that I served 6 ", a copy of the Notice of Appeal, Common Plea, =upon the District Justice designated therein on '?y (date of service) 7f 20/1* 'personal service by (certified) ( y d) mail, sender's receipt attached hereto, and upon the appellee, (name)n > 20 (,,$ ? by personal service by certified) (raged) mail, sender's receipt attached hereto.. (SWORD^I) (AFFIRMED) AND SUBSCRIBED BEFORE ME IS __or_ DAY OF _ 20091 Signature of of icial bel-ore whom affid r w 5s made Title of official My commis ion expires on 20 NOTARIAL SEAL PROTHONOTARY, NOTARY P V CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 4,-f, FROM DISTRICT JUSTICE JUDGMENT 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 rendered by the District Justice on the date and in the case referenced below. OF .. 01, DATE JUDG NT CASE OF jpi-io' I f ` /__ 7-- daevol7t-d This block will be signed ONLY when this notation is required 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. stmfu . of Fioit"W(my - Deputy appe0ant was Claimant (see Pa. R.C.P.D.J. Nb. 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 appellee(s), to file a complaint in this appeal Nana of appellee(s) (Common Pleas No. 0 1? within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appelbnt or ipwW or agant RULE: To appellee(s) Nana of appedee(s) (1) You are notified thet 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) f yrik"' rvice or by certified or registered mail. 1 (2) If )pdu do not file a compiairft vothin this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. r ? (3) fhe date of service?of this rule if 'service was by mail is the date of the mailing. r+w1 i„ ...d?rR"'rte 3 ;..raw .a Date: ; . 20 + 4 S"M of or Deputy 47 YOU MUST,INCI.UDE A P l dF 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 NOTICE OF APPEAL