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HomeMy WebLinkAbout09-5888 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of CJlf,rlbGl`, ?,,r\ 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. ADDRESS OF APPXLLAMT- b CITY M P1 i I i ^ 3Tq ZIP CODE /_7 S+ n e, S ' r1 n I'?rj DATE ??i?o 9 ?'THE : ` Arv\ ?' I 6 ; h K ,? 1 t Z o`e-?'h -r, ON ha•? 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 SUPERSEDERS to the judgment for possession in this case. SV-ft a of Avffi-otary a D$PW 't DVJt..S Mars is spy d y (see before a Distr 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 Pe.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 Ke_?Vee_r\ T isi n appellee(s), to file a complaint in this appeal Name of appo#WS) (Common Pleas No. - 6^TrfrO ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or atiomey or agwg RULE: To Kv^?' h XC.t_+'? _T ti < , appellee(s) Name of appeuws) (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 `? C LwC.?t {jar Signatrurevof ProMommy 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 O - 1 ? M Cj N L GL .,.,1 N t? t% LLJ t.0 - z jLU O ° 0 C-4 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 ? sender's receipt attached hereto, and upon the by personal service ? by (certified) (registered) mail, appellee, (name) , on ? by personal service ,2t? ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature otohiiciaiberore whom affidavit was made Title of official MY commission expires on 20 Signature ofaffiant COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Meg7Naine? o.'. MDJ Non 09-3-04 . THOMAS A. PLACEY Address 104 S SPORTING HILL MECHANICSBURG, PA Telephone: (717 ) 761-8230 ELIZABETH TINKHAM 17-R STONE SPRING LANE CAMP HILL, PA 17011 L 38-09 =Fileedd:7/24/09 J 7 J THIS IS TO NOTIFY YOU THAT: Judgment: Q?- Judgment was entered for: (Name) BINK KATHLEEN C • in a Judgment was entered against TINKHAM ELIZABETH R Landlord/Tenant action in the amount of $ 7 , 637.50 on 8/11/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 500.00. .00 The total amount of the Security Deposit is $ Total Amount Established b MDJ Less- Security Deposit Applied 00 478 00 Rent in Arrears $ 778.00 _$ . 00 • _ Physical Damages Leasehold Property $ 00 $ .00= $ $ _ 00= $ _ 00 Damages/Unjust Detention $ _ 00 Less Amt Due Defendant from Cross Complaint - $ Interest (if provided by lease) $ _ 00 L/T Judgment Amount $ 7 47 S _ 00 159 ._5Q ? Attachment Prohibited/ Judgment Costs $ _ 00 42 Pa.C.S. § 8127 Attorney Fees $ Total Judgment $ 7,637.50 ? This case dismissed without prejudice. Post Judgment Credits $ ? Possession granted. Post Judgment Costs $ Certified Judgment Total $ ® Possession granted if money judgment is no satistlea Dy Time u, UVIt LIV ? Possession not granted. ? Defendants are jointly and severally liable. POSSESSION IN AN ACTION INVOLVING ENTRY NOF JUDGMENT BY PARTY AANOT?ICE OF APPEAL W TH THE PROTHO NOTARY CLERK OF COURT/STHIN TEN DAYS AFTER THE DATE OF ENT, IF ANY. OF THE COURT OF COMON PLEAS, IVIL A SPERSEDEASCTHE APPELLANT MUST DEPOSIT WITH LTHE PROTHONO ARY/CLERK OF COURTS THE LESSER OF ORDER TO OBTAIN THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR 1008 THIS CEDURES REGARDING DIFFERENT 1013 FOR DEPOSIT SECTION 8 TENANTS REFEREAL ONLOY THE MONEY PORTION OFF A JUDGMENT INVOLVING AORESIDENTIAL LEASE, THE PARTY HAS IF A PARTY WISHES TO 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK 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 i.PPEAL. 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 A DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, OF SATISFACTION WITH THE MAGISTERIAL n REQUEST FOR ENTRY SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT._ NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL PLAINTIFF: NAME and ADDRESS -? 9DINK, KATHLEEN C. 17 STONE SPRING LN CAMP HILL, PA 17011 RD L VS. DEFENDANT: NAME and ADDRESS 17050 FTINKHAM, ELIZABETH 17-R STONE SPRING LANE CAMP HILL, PA 17011 ~c 0 m ~ ' Postage $ ~ " a ~ Certified Fee ~, ~ ~ Return Receipt Fee _ Po mark O (Endorsement Required) ~ Q ~ ^OI p Restricted Delivery Fee O ' ~~ (Endorsement Required) ~) Total Posta e 8 Fees T `~ r~ mI '~ Postage ~ Certified Fee • J O G- p Retum Receipt Fee ~~ ~ (Endorsement Requred) Restricted Delivery Fee ~ (Endorsement Regwred) P~ ,~ ~~ Here _ q~ .~~ ~~~ - ~ Total Postage & Fees $ '' rL p Street, Apt No.. ---- -------------- °----- --°-• p or PO Box No. !/Q- ~~~/~ `.0 en M1. ------g--t~-t-~--ZIP 4 -~=---- - /~- - ~- --r~~='=---------- ------------- O - --- ~~---.~~ ~=---- -~'~~--°-°-- - ------ - yy/~ ,,/ C~~//(G ~ :~0 / ~7O.S'~ rti- Street, Apt No.; - - ---- or PO Box No. --~~~rZ''C (/ - -- -- City t e, ZIP+4 ~% / ~/, PROOF OF SERVICE OF NOTICE OF API " ' ' "' ~"' (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER frling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PE NSYLVANIA COUNTY OF ` ~ ~~ ~~ ~ ~ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas Q%„~'~~ ~, upon the District Justice designated therein on (date of service) ~ ~/ , 20 Q ~, ^ by personal service ~ by (certified) (registered) mail, sender`s receipt attached hereto, and upon the appellee, (name) 1Cw~tl~~.n ~,-~ ~' , on ~~~/ , 20 d ~J ^ by personal service by (certified) (registered) mail, sender's receipt attached hereto. I ,,~ ~,; (SWORN) (AFFIRMED) AND UBSCRI ED BEFORE ME THIS DAY OF , 20 0~_. ~ c~~~ "' ~J Signature of affront 1 ~ Signature ofoffi before who affid was made -___.+.--l-. ~ ~..-'~~ ....... Title o-ofFicial My commission expires on ~ ~ ~.. tt~~ C ~j~ ~ _ , tT.- ~ -~' ~ r~ -~ :~ ~_ ~ • ~ ~ ~ ~ ~ iZ'f..~ ~1.. .~ C'~ 'r r ~ ~ Vj '-3.7 © o j ~ ~ R'i'~FIFn MAILTh~ RECEIF (Domestic Mail Only; No Insurance Coverage Provided) ~ For delivery information visit our website at www.usps.com~ Tamara S. Flak, Notary Public Suat~ehanna Ttnp., Daupttln Carnly M Commission PXOMla At10.26.2012 20