The URL can be used to link to this page

Home My WebLink About09-5979'COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 01- 0-71 e41-' Ur t. / t 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 MAG. DIST. NO. OR NAME OF D.J. Patrick and Mary Duggan 09-1-01 ADDRESS OF APPELLANT CITY 5 Rockaway Drive, Camp Hill DATE OF JUDGMENT T CqS F (PLAT IFF) ? ; Al Ii kA 8-4-09 Pri/nhylVsatrilc' CV YEAR LT YEAR 368-09 STATE ZIP CODE PA 17011 c-ros-V) Duggan NOTICE OF APPEAL OF APPELLANT OH MIS AT TOHNEY ON ADEN 1 ?. k Ze?- This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. 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. na re of Promommy a u If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.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 Tri Minh Nguyen , appellee(s), to file a complaint in this appeal Name of appellee(s) ty, (Common Pleas No. 1 Vj' within twenty (20) days after service of rule r suffer entry of judgment of non pros. ignature of appellant or his attorney or agent RULE: To Tri Minh Nguyen , 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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Year A400' X& &(2k AAf Signature of Prothonotary or D ,pdty White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 ._ 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 : ss AFFIDAVIT: I hereby swear or affirm that I served 0 a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) year , Oby personal service (k:plieM (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year , ? by personal service ? by (certified) (registered) mail, sender's recei" tacW hereto. El and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the ap whom the Rule was addressed on year by personal service mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR signature of official before whom of idevA was made Title of official Ilk Q to rn P-1 tcart (r e '? CJ C S6&,e of {I wt My commission expires on , year COMMONWEALTH OF PENNSYLVANI T(9M9U 1; ^ TICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND ???g. RESIDENTIAL LEASE Mag. Dist. No. 09-1-01 { ,, a_ 'LJPL TIFF: NAME and ADDRESS FUGUYEN, TRI MINE -I MDJ Name. Hon. ----------------- 24--SOUTH 39TH ST CBARLES A. CLEMENT, CAMP HILL, PA 17011 Address: 400 BRIDGE ST L J OLDS TONNE COMKOHS -SUITE 3 VS. NEW CUMBERLAND, PA DEFENDANT: NAME and ADDRESS Telephone: (717 ) 774-5989 17070 rDUGGAN, PATRICK/MARY 5 ROCKANAY DRIVE ATTORNEY DEF PRIVATE CAMP HILL, PA 17011 L J MICHAEL A. HYNUM 2608 N 3RD ST Docket No.: LT-0000368-09 HYNWi[ LAN Date Filed: 7/22/09 HARRISBURG, PA 17110 THIS IS TO NOTIFY YOU THAT: Judgment: FOB PLAINTIFF - ® Judgment was entered for: (Name) NGUYEN, TRI NXIM Judgment was entered against _ DUGGAN, PATRICK/MARY in a ® Landlord/Tenant action in the amount of $ 2,142.41 on 8/04/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 1, 000.00. The total amount of the Security Deposit is $ 1,000.00 MDJ Less • Security Deposit Applied = Adjudicated Amount Total Amount Established b ent in Arrears $ 4 74.24 - $ .00= $ 774.24 ysical Damages Leasehold Property $ Fp 1, 249.17 . 00= $ 1, 249.17 Damages/Unjust Detention $ I. 000'M - $ 1,000-00= $ -00 FXI 1-1 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ -00 L/T Judgment Amount $ 2 023 -41 Attachment Prohibited/ Judgment Costs $ 119 -ad 42 Pa.C.S. § 8127 Attorney Fees $ -00 This case dismissed without prejudice. Total Judgment $ 2,142.41 Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Possession granted if money judgment Possession not granted. ? 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. AUG - 4 2009)ate U? L *14 - , Magisterial District Judge I certify that this is a true an correct copy 75-Fe-record of the proceddings containing the judgment. Date Magisterial District Judge M commission expires first Monday of January, 2014. SEAL M raisa_M COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.. MDJ Name: Hon. 09-1-01 CHARLES A. CLEMENT, Address: 4 0 0 BRIDGE ST OLDS TONNE COMMONS NEW CUMBERLAND, PA Telephone: 717 ) 774-5989 t;1 1) -SUITE 3 17070 ATTORNEY FOR PLAINTIFF : BRIAN K. ZELLNER 2608 N 3RD ST HYRUN LAW OFFICE HARRISBURG, PA 17110-2003 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rDUGGAN, PATRICK/MARY 5 ROCKAWAY DRIVE CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS FN- WYM, TRI KIM ? 24 SOUTH 39TH ST CAMP HILL, PA 17011 L J Docket No.: LT-0000368-09 Date Filed: 7/31/09 CROSS COMPLAINT 001 Ala THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT ® Judgment was entered for: (Name) NGUYEN, TRI KIM Judgment was entered against DUGGAN, PATRICK/MARY in a ® Landlord/Tenant action in the amount of $ .00 on 8/04/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Securitv Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Applied = . 00 - $ .00= Adjudicated Amount $ .00 Rent in Arrears $ Physical Damages Leasehold Property $ .00-$ .06= $ .00 Damages/Unjust Detention $ - 00 - $ - 00= $ -00 Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ - 00 L/T Judgment Amount $ -00 ? Attachment Prohibited/ Judgment Costs $ .00 42 Pa.C.S. § 8127 Attorney Fees $ -00 ? This case dismissed without prejudice. Total Judgment $ .00 ® Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is no satisfied by time o eviction. ? Possession not granted. ? 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. AUG - 4 2009Date `I" (1 - uor? ? - , Magisterial District Judge I certify that Is is a true an correct copy o the record o the proce Ings containing judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2014. SEAL Ah (` 115A.na _~ (Domestic Mail C For delivery inform; u ~r7 Postage '~ $ r y 0 Certified Fee fl.l C/ C/ ~ Return Receipt Fee /~ ~ Q Postmark Here O (Endorsement Required) _ ~ O Restricted Delivery Fee ~ (Endorsement Required) f1J ~ Total Postage & Fees m ~ Sent TQ.~• , O Street, Apt. No.; -_~-__~^ ~,~ ~~_ _ S~'2Q ~ ~ or PO Box No. l~ f ` ------ ---- ----------------------- City [e, ZlP+4 ,/~ ~ O f :~~ I~ Fil.Ci}-t~rr(~E ~JF ?NF pr....,~.;-I~~~~,0~ ;:CRY 209 ScP -3 P~ 2~ I PROOF OF SERV{CE 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 OFI~lJlC1'l~' ~Gt~ ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common PI~ No. ~~ ~ ,upon the District Justice designated therein on (date of service) ~~~r~l ~_~ year ~U I , ~by personal service ^by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name • 1 ~ °n s~~~_, Year ~, ^ by personal service ~ by (certifie) (registered) mail, sender's receipt attached hereto. ^ and further that I served the Rule to File a Complaint arxompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on ,year _, ^ by personal service ~by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSC,R~ I,B~E,D~BEFORE ME q THIS ~ ~ DAY OF~?~~~~~~Y, YEAR ~ l /.!' ^_ i(~r%,. - ,,~ r .. Signature olAfliant Signature a oHkial belore whom affidavit was made ~~~v~-r ~c~.bl+~ G rite a orr~iet t My commission expires on ,year a®~C~. COMMONWFJlLTH h',otvlatl SMI Brooke A. t3Mpl~r, Nobly PUbN~ Carlisle Born, CUtTIb~1a11d My Commissiar* ExplrM AUp~ 11, i 8 Member, Penn;?y'wa +i~ ~^a001a1i0R 01 Nt~ttiriea