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Home My WebLink About09-4984COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C?rnbc-?-lat? NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON 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. NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. Dori n M. $0r115Ae 1 t1 o cl -at -01 P0w6., P. cla rte a\ fvca S 6 R'fl S?>r?e .i.3 aces PA, l?7oi3 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' G? ?a J10-I 166 IL f? . x, 95.5 t1 ? ( vs JOG.Cii% M 80t i\S?lQ\I? C-4- oooooya - v9 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 District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. It appellant was claimant (see Pa. K.G.P.O.J. No. 1001(6) in action before a District Justice, 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon kV S-S *- I ) appellee(s), to file a complaint in this appeal r? Name of aappeffee(s) (Common Pleas No. _of- within twenty (20) days after service of rule or suffer entry of judgment of non pros. IA-A14L , '1- 5 . ignature of a llant or mey or agent RULE: To kQ IlK F-, Coss e-' I , 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. ,l /,? Date: 20 0 ?J /9` Z/?M ---- 1 10;? -- --------- -- Signature of Proth otary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPE AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY A. . 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 No. , 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 official before whom affidavit was made Title of official My commission expires on 20 Signature ofaffient o o -n O ? e Div ?. -0 an ter; - ? t' C_ C r- ?TJ Fn VaY' C Cwi N W ` t W C- E J M AOPC 312A - 02 } ,,FOMMONWEALTH OF PENNSYLVANIA COUNTY OF- CUXBZRLAND Mag. Dist. No.: 09-2-01 MDJ Name: Hon. PAULA P. CORREAL Address: 2260 SPRING RD SUITE #3 CARLISLE, PA Telephone: (717 218-5250 17013-0000 DARIN N. BORNSTEIN 443 1ST STREET CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rRUSSELL, KELLY E 660 EASY RD CARLISLE, PA 17015 {... d L J VS. DEFENDANT: NAME and ADDRESS rBORNSTEIN, DARIN N 443 1ST STREET CARLISLE, PA 17013 L J Docket No.: CV-0000042-09 Date Filed: 5/07/09 (Date of Judgment) 6/24/09 71 Judgment was entered for: (Name) RUSSELL, KELLY S ® Judgment was entered against: (Name) BORNSTEIN, DARIN N in the amount of $ 1, 016.2 Defendants are jointly and severally liable. 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 $_ Amount of Judgment $_ 900.00 Judgment Costs $ 11T. 25 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,016.25 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 JUDGMENTlTRANSCRIPT 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. x -' Cy- (La2A4 g Date Magisterial E?S*ict.Judge certify that this is a true a ect copy of re the proceed' s contairrlnf1he judgment. Date NCag?sterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 6/24/09 10:42:00 AN C C= IT'! r _ rr, -_j 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 AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No.01-gen upon the District Justice designated therein on (date of service) 20 O el , F&-Kby personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Jae l? 2 f on 1.L5 Se 20 p [?'Sy personal service ? by (certified) (registered) mail, _ -a v I y . Q?? _ __.. .... sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20617. _. Signature of official 0110re who affidavit was mayor ?:)eo,)ty Prwfo .?-y Signature ofaffiant 7-ra-v, 5 ?d a j 0'd Title of official ' My commission expires on ?J" , Ll .20 /0 NOTARIAL SEAL PROTHONOTARY NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of G? t7,bc?-1anc?J NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. r / 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. ( axtn M. ct15 2 t1 _ ....0cf, -off --O` r 1 RXJ 5?? t?'3 '.cr,s t P?' 17013 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) + (Defendant)' 64aV/oct ILa lip.. F a i! vs C. (.tN . L7C)'roo 4 e-1r0 C?1- oooo4y;? - Ql 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. f It appellant was ulalmant (see (6) in action before a District Justice, 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon r KU $S C' a appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ?1_ q7 / frl ?? r ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ignature of a ellant or mey or agent RULE: To 14,2 f 1',,` C . 9.0 4, S e I I , appellee(s) Name of appellee(s) {2(;`he date of service (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty 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 ENTERby4GAfNS,Z.YpU. +u (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 e f ? f or Deputy 7 Signature of Pr6thp(of YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM VikTH TWs NOTJCs ? -APPEAL. AOPC 312-02 COURT FILE IN THE COURT IF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DARIN M. BORNSTEIN, NO. 09-4984 Appellant Attorney I.D. # 208504 VS. KELLY E. RUSSELL, Civil Appellee AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Travis Hoagland, being duly sworn according to law, deposes, and says that he is a competent adult; that he served the NOTICE OF APPEAL filed in the above matter on Julyc)1,o?C to Kelly E. Russel, personally, by handing to her a true and correct copy thereof and informing her of its contents at ,4-w rc.Ac -(.a is r Lour: "61. Deponent further avers that, at the time of said service, the said defendant identified herself to deponent. Travis Hoagland Sworn to and subscribed before me this day of July , 2009. otary Public NOTARIAL SEAL Tana A. Zang, Notary Public Newport Boro., Perry County My commission expires December 16, 2009 IN THE COURT IF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DARIN M. BORNSTEIN, NO. 09-4984 Appellant Attorney I.D. #208504 VS. KELLY E. RUSSELL, Civil Appellee AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Darin M. Bornstein, being duly sworn according to law, deposes, and says that he is a competent adult; that he served the NOTICE OF APPEAL filed in the above matter on July of IDUC to MDJ Paula Correal, personally, by handing to her a true and correct copy thereof and informing her of its contents at m pr Pek v ;A c c rrrr, I 's 6 ?;7 i t= Deponent further avers that, at the time of said service, the said defendant identified herself to deponent. Darin M. Bornstein Sworn to and subscribed before me this day of July , 2009. otary Public NOTARIAL SEAL Tana A. Zang, Notary Public Newport Boro., Perry County My commission expires December 16, 2009 IN THE COURT OF COMMON PLEAS OF Cumbe_cla(V COUNTY, PENNSYLVANIA CIVIL DIVISION Y?11 E. ??ssdil V5 File No. Ocl PRAECIPE FOR JUDGMENT OF NON PROS TO THE PROTHONOTARY/CLERK OF SAID COURT: Enter Judgment of Non Pros against the above-named Plaintiff(s): all Ry sse l l Pursuant to Pa.R.C.P. No. 237.1, 1 certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his or her Attorney of Record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe and a copy of the notice is attached. I verify that I have researched the records in this matter, and a complaint has not been filed within twenty (20) days following the service of the Rule in this matter. I further verify that the statements made in this Praecipe are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to Unsworn Falsification to Authorities. DATE:-7//15/01 Signatures Print Name: <?niarn?? Yca^ Attorney for: (N- QOf Rsjai?1 Address: _16, &Y, 021 ce CaT?.??r1T?A 17001 , Telephone: 70 L/q 7 -1631 Supreme Court ID No.: ao$SO`? • M-3F-1 (Rev. 4/00) Rk IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL-DIVISON Kelly E. Russell, Plaintiff V. Darin M. Bornstein, : No: 094984 Defendant : Civil-Law IMPORTANT NOTICE Pursuant to Pa. R.C.P No. 237.1 (a)(2) You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to a 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 Date: g/a-o/e I Jackie Verney, Esq 44 South Hanover Street Carlisle, PA 17103 Sincerely Benjamin R. offee, Esq. Supreme Court ID 208504 15 E. Main Street New Bloomfield, PA 17068 (717) 582-0122 BLEU'-OF !i. P OF THE F,`,0??-"Nr-)TARY 2009 SEP 22 Pry 12: 1;. ,; $14. oo Po AT'tY CY-11 10(09 RTC` 01309CQ