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HomeMy WebLinkAbout09-57736OMM6NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM Og DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O 4- .3 1 7 3 C4,?4 -7?:. 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. Adam S. Hacker/H.E.L.P., LLC 09-2-02 I Jessica Brewbaker ADDRESS OF APPELLANT CITY STATE DP CODE 18 Waterford Lane Downingtown PA 19335 AN 7/21/09 Adam S. Hacker/H.E.L.P., LLC vs David F. Henderson MURE OF APPELLANT OR ATTORNEY OR AUM 41 AJ& This block will be signed ONLY when this notation is required under Pa. If appellant s Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. 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 filing the NOTICE of APPEAL. So-t- or P-M-0toy ar Depw 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 Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney 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. Date: ,20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF 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- 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 ofafriant Signature of official before whom affidavit was made Title of official My commission expires on 20 liW U C-) N Zl a.L7 . C" ?-y r1 = . C!? r' O t COMMONWEALTH OF PENNSYLVANIA { 4000NTY OF: CUMSBRLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BR'BNBAKBR Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 ATTORNEY FOR PLAINTIFF : DOUGLAS G. MILLER 60 W POMFRET ST CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rADAM S HACKER / H.B.L.P., LLC 18 WATERFORD LAMB DOWNINGTOWN, PA 19335 L J VS. DEFENDANT: NAME and ADDRESS rIIENDBRSON , DAVID F 27 TORY COURT BEDMINSTER, NJ 07921 L J Docket No.: CY-0000141-09 Date Filed: 5108109 (Date of Judgment) 7/21/09 ® Judgment was entered for: (Name) ADAM S BACKER / H. E. L. P. , LLC ® Judgment was entered against: (Name) BENDERSON, DAVID F in the amount of $ 3,546.18 F 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 $ 3,409.68 Judgment Costs $ 136.50 Interest on Judgment $ .05 Attorney Fees $ .00 Total . $ 3,546.18 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. t ; Date E I certify that this is a true and Date ?dSIA 1'a A. ,Magisterial District Judge copy of the record of the proceedings containing the judgment. My commission expires first Monday of January, 2012 Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 7/21/09 2:17:00 PM C' +v L? `° N rn C' w to 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.) COMMON OF PENNSYLV NIA ^t COUNTY OF m ]Der *? ; ss AFFIDAVIT: l hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common PleasQ9 .57?3, upon the District Justice designated therein on (date of service) (., 20?, ? by personal ice L2 by (certified) (registered) mail, se er's receipt attac hereto, and upon the appellee, (name) on a 20? ? by personal service by (certified) (registered) mail, 1? send receipt attached hereto. (SWORN) (AFFIRMED) AN SUBSCRIBED BEFORE ME THIS DAY 20?. Signature of affiant COMMONWEALTH OF PENNSYLVANIA Signatur of of>;cial before who rdavit was de NOterial Seal Martha L. Noel, Notary Public Carllsle Soto, Cumberland County M Commission Expires Sept. 18, 2011 Title of official o m f? emnoy14 ttlm ?1Bt idlBtin 7c `!?"•^• oc u'l 0 O .? PC Lrl D rrj M Postage Certified Fee M O Return Receipt Fee O (Endorsement Required) Q Restricted Delivery Fee Q (Endorsement Required) -Q Total Postage & Fees ru 1711- M C3 r1- No Insurancel (Domestic Mail Only , For delivery information visit our webSIL DGM -Bor L.P. E en/A ul , . _ CD CL M Postage $ i o UNlT?I rrri o J ST fr 1 Certified Fee p Prk p Return Receipt Fee 71 ere l O E:3 (Endorsement Required) 3 :K y Restricted Delivery Fee \\\ 1-3 (Endorsement Required) C-, (-- Q v C0 -D Total Postage & Fees C' a) n! ru I, 0 0 rl- Jessica E. y UNJ11'?D P Vt`?rksq Here .Z;i .X. l Cr G G> ? 1 LCLLEV rGL uq.l cE ?q ---------- •r• -+c> +f h+ PA 17013 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 600EKLME NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMAM 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. S. Hacker/H.E.L.P. Y UC 1 09w-2-•0Jessica Srewbake c uvr •rrc ? l.l1. JIAIC 6R'{4lJUt 18 Waterford Lane Downingtown PA 19 3 DATE OF JUDGMENT IN THE CASE OF (PbnIff) (D*ftndw4* 7/21/09 Adam. S. Hacker/H.P.L.P>, Liar V. David F,, fiendey-eov 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. d !f t ?. Iant (see Pa. R.C.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 Stnsft- of RWha d-y -DVW 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 or appepee(s) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. SOMA- ofd-SNOMOY -agent RULE: To appellee(s) Name of appooWs) (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 S/Qraft-c1Protl~-y-DW* YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDOWNT/TRAMSCRIPT FORM MATH 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 AISTICE 1?. Benjamin D. Andreozzi P.O. BOX 554 CAMP HILL, PA 17001 717-926-1192 ATTORNEY FOR DEFENDANTS ALEX DAPKEWICZ AND BERKAY ONCEL Ben@midstatelaw.com ADAM S. HACKER/H.E.L.P., LLC Plaintiff, VS. ALEX DAPKEWICZ, BERKAY ONCEL, and DAVID HENDERSON THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 09 - 5702 NO: 09 - 5773 NO: 09 - 5774 Defendants. CIVIL ACTION - LAW MOTION TO CONSOLIDATE AND NOW, come the Defendants Alex Dapkewicz and Berkay Oncel, and file this Motion to Consolidate, alleging as follows: 1. This matter arises from the appeal of a District Justice decision. 2. On July 21, 2009, District Justice Jessica Brewbaker entered judgment in favor of the Plaintiff and against the Defendants individually. 3. On August 18, 2009, Defendant Alex Dapkewicz filed a Notice of Appeal docketed as No: 09-5702, and a Praecipe to Enter Rule to File Complaint. 4. On August 20, 2009, Plaintiff Adam S. Hacker/H.E.L.P., LLC filed a Notice of Appeal against Defendant David Henderson docketed as No. 09-5773 5. On August 20, 2009, Plaintiff Adam S. Hacker/H.E.L.P., LLC filed a Notice of Appeal against Defendant Berkay Oncel docketed as No: 09-5774. 6. When pending actions involve a common question of law or fact or which arise from the same transaction or occurrence, such as in the present cases, the court on motion may consolidate the cases. Pa.R.C.P 213(a). 6. The cases should be consolidated into No: 09-5702 because Defendant Alex Dapkewicz was the first party to file an appeal, and has already filed and served the Praecipe to Enter Rule to File Complaint. 7. No Judge has been assigned to this case. 8. Concurrence in the present Motion was given by counsel for Defendant David Henderson. 9. The undersigned attempted to obtain concurrence in the Motion from counsel for Plaintiff, but as of the time of service of the present Motion, Plaintiff's counsel has not responded. WHEREFORE, Defendants respectfully request that this Honorable Court enter an Order consolidating civil case No: 09-5702, No. 09-5773 No: 09-5774 into No: 09-5702. Respectfully submitted Date: August , 2009 By:_ Benj P.O. Bo 4 Camp ill, PA 17001 (717) 926-1192 Counsel for Defendants CERTIFICATE OF SERVICE I, Benjamin D. Andreozzi, Esquire, hereby state that I have this day caused to be served a true and correct copy of the foregoing Motion to Consolidate upon the persons and at the addresses below named, by U.S. Mail, First-Class, postage prepaid: Douglas Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Wayne Melnick 2 West High Stret Carlisle, PA 17013 Dated: 3 10 1 By: Benjamin . Andreozzi, Esq Co} s for Defendants Daly wicz and Oncel F 0 ; ri{ E r4 %, 7, , %j Aply CIIF* THE 2 CC9 AUG" 3 1 I ` 12-: 0 u "I i,-vfANiA Benjamin D. Andreozzi P.O. BOX 554 CAMP HILL, PA 17001 717-926-1192 Ben@midstatelaw.com ADAM S. HACKER/H.E.L.P., LLC Plaintiff, VS. ALEX DAPKEWICZ, BERKAY ONCEL, and DAVID HENDERSON Defendants. SEP 012009 ATTORNEY FOR DEFENDANTS ALEX DAPKEWICZ AND BERKAY ONCEL THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 09 - 5702 NO: 09 - 5773 ?NO: 09 - 5774 CIVIL ACTION - LAW ORDER AND NOW, this day of 009, upon consideration of the Defendant Dapkewicz and Oncel's Motion to Consolidate, it is ORDERED that Civil Case No: 09-5702, No. 09-5773 No: 09-5774 shall be consolidated into No: 09-5702. FILED- 1-FICE OF THE PRO 11_1040TARY 2009 SEP -I PM 4: 09 CUML.-° !,.,::-'Uf'M,