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HomeMy WebLinkAbout09-8060COM ONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CL) robe r I a (yj - 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 PELLANT MAG_ DIST. NO. NAME OF D.J. m r -0/ ? T ADDRESS 14OF APPELLANT ' ry 00 / I d ae m-e- Meij Cumb?r F.d.' Ul STATE„ ZIP CODE I -OoOt49 3- 09 . 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. Sonet- or Rothanatsry ar DspRy If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in 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 Name of (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. Signature of appellant or attorney or agent RULE: To , 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. Date: 20(9 ure o? ary Deputy A/00 AW YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 01' 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 ofbciat before whom affidavit was made Title of official My commission expires on 20 Signature of affant n N ?i w J% N o V _ O J a ko C:> M ln, r- o COMMONWEALTH OF PENNSYLVANIA ' - --COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (7 17 ) 774 - 5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS ALLEN CAPRON/KIMBERLY DUNBAR 110 EAST MAIN ST SHIREMANSTOWN, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS FSPEESE, LOUANN STANLEY 35 SOUTH WEST AVE SHIR MANSTOWN, PA 17011 ALLEN CAPRON/KIMBERLY DUNBAR L J 110 EAST MAIN ST Docket No.: LT-0000483-09 SHIR MANSTOWN, PA 17011 Date Filed: 10/15/09 r THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT -- FX I Judgment was entered for: (Name) SPEESE, LOUANN STANLEY Judgment was entered against ALLEN CAPRON/KIMBERLY DUNBAR in a 0 Landlord/Tenant action in the amount of $ -A0--on 10/23/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less - Security Deposit Applied = Rent in Arrears $ .00-$ .00= Physical Damages Leasehold Property $ .00--$ .00= Damages/Unjust Detention $ -no -$ -0-0 = Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) UT Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. Total Judgment Adjudicated Amount $ .00 $ _00 $ -00 $ -00 $ _00 $ -00 $ -00 $ .00 Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is no sa is ie 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. OCT 20041ate --- Magisterial District Judge certify that t is is a true an correct copy o the record o the procee ings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2014. SEAL AO PC 315A-08 t• 2,U1~f71"tV~~ ~~ ~~~~ ~~~ ~~ vi`s+~` PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (1 t?) DAYS AFTER tiling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYL ANIA COUNTY OF ~ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ~ ~~(~Q t~,Il a copy of the Notice of Appeal, Common Pleas cab CQ. ,upon the District Justice designated therein on (date of service) N~~('~20 ®9 ^ by personal service ~ by {certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ~t,~n rl C~Se , on ~~(,r/p ~r~~ , 20~ ^ by personal service by (certified) (registered) mail; se der's receipt attached hereto. (SWO MED} A SUBSC IBED BEFORE THIS DAY OF 20 ~~ ) Signature of affiant Signature o f e whom affidavit wade / Title of official ' My commission expires on S c~-(..~ , 20~. ~~MMbNWEALTH dP~ WEB No~~AN1A N~fiARIAI SE At SUZANNE M, gEOERER, Notary Public Camp Hill Boro, Cumberland County My Commission Expires August 20, 2013 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM A~ DISTRICT JUSTICE JUDGMENT r COMMON PLEAS No. ~~''~ ;C r',' i r; r~l i;'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. ~~^~^_ ~Y~===^^ k^` { T MAG. DISC NO. NAME OF D.J. i~~ ~t" N ',~-°~`v'' (~! ~'A i~f i.~'~ f~'%~ C( ~~./ t/i~/r `y~ °. ! ' ;~'~ 1' r'w kt f ~~' ``) /`~~ ~ ' ¢u'r 1" ..3' ~ . ADDRESS OF MPELLANT ff ~~ ..~$ t CITY r,..~ 1 STATE„ { ZIP CODE '~ ~~ ~ ..(tom ~` ....)~ ~ Y~t~ ! #'°~t'~, i ,Y} ~ ,~~+` ~ ! ' a`,-P a:. r-~r ,. , _.. DATE OF JU MENT ~"' IN THE C/l!ISE OF (Plemtil[+ ~ /~~ (Dare I /f~I_~~i R.~ `~~ i'1ri`z'r 3 ~~~.:.~'~ • ~i )i'~~f~ /~'?l;r'~. ,~.;'(.''C.1,•';,.;-, ~~~`,~¢'< (., DOCKET No. '1 // ~ 'f NATURE OF APPELLANT OR (lTTORNEY O~AGENT ~..J R ! S This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 100f(6) in action R.C.P.D.J. No. 10086. 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 SUPERSEDERS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. signature d Prothwatary ar pep,Ay PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form fo be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. !F 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 appall ) (Common Pleas No. )within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature olappellant orattomey or agent RULE: To , appellees) Name of appegee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20j 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 1 f Date: ~l 1~r44i_~ .20~j ~~ ~_~~' ,•''!~~f~~,~; ~'~ f`/i"„f~'i Sig~atvre of P onotary 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 WRH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE ~. ~~'. • a - ,~ ' ~ r ~ •, c ~ ti ~ • •~ ,~ , a t j < ~e ,~ .. ~ ~ ~- ~ ~ D - ... ~ f ~ ..D Postage $ ' / f rl Certified Fee E ~ ,. ~ ~: ` t < ^`I?oa~trnar~C ~ i O p ReturnReceipt,Fee (Endorsement Requred) 1,~~e„'' Here ~' / S G ~ Restricted Delivery Fee (Endorsement Required) ~ ~ ~ .` `~., .-` ~- (%' a~, i ~;~~~..f~ FTl Total Postage & Fees r-R ~ Sant To ` i (/'; ~~ ~ (~(~( /]C"' [ ~ Street, Apt. No.~ ~ o^ PO Box No. ~ i~ i ~O t.rl .~ ~ O .~ Postage l~- Certified Fee rl 0 Retum Receipt Fee 0 (Endorsement Required) O. Restricted Delivery Fee ~ (Endorsement Required) 0 FT'I Totai Postage & Fees ~ Sent To p Street, Ap . ~ or PO Box No. ^~ ~ ~ ~ ~ ~ O ~~ ~ . . , , ..D _ ~ ~ C] ~ ~~ Postage $ Y I I . '`. ;, 'in ~ ~ .~ i I ~ \ ~ ~ Certified Fee ~f._r _ ° I l i_1 \` - __ ~ y Q Retum peceipt Fee {Endorsement Required) r -~ ~= ° '1- ` •~ ~ O Restricted Delivery Fee (Endorsement Required) ~d c ts. !,i ~ ICi ~` - d' rc~ C" s L ~ m Totai Postage & Fees ~ ? `~ ~rz . ~ ` ~' _ _ , ~ Sent To p Q~(~fj u: v!~ ~~ O ~. .. ~ireet; Apt No.; .... or PO Box No. .... . :.................................. f~11 YDO, August 200E `~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-O1 MDJName: Hon. CHARLES A. CLEMENT, JR Address: !~ O O BRIDGE ST OLDE TOWNE COMMONS -SUITE 3 NEW CIIMBERT•A~, PA Telephone: (717) 774 - 5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FALLEN CAPRON/KIMBERLY DUNBAR ~ 110 EAST MAIN ST SHIR~ANSTOWN, PA 17 O 11 L - J VS. DEFENDANT: NAME and ADDRESS rSPEESE, LOUANN STANLEY ~ 35 SOUTH WEST AVE SHIR~ANSTOWN, PA 17011 ALLEN CAPRON/KIMBERLY DUNBAR L J 110 EAST MAIN ST Docket No.: LT- 00,00483 - 09 SHIR~ANSTOWN, PA 17011 Date Filed: 10/15/09 ~~\' ., _ ~9sa THIS IS TO NOTIFY YOU THAT: Judgment: ~R DEFENDANT Judgment was entered for: (Name) SPEESE LOUANN STANLEY Judgment was entered against ALLEN CAPRON/KIMBERLY DUNBAR in a Landlord/Tenant action in the amount of $ . 00 on 10/23/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ . 00. The total amount of the Security Deposit is $ . 00 Total Amount Established by MDJ Less -Security Deposit Applied = Adjudicated Amount Rent in Arrears $ . 00 - $ . 00= $ . 00 Physical Damages Leasehold Property $ . 00 - $ . 00= $ . 00 DamageslUnjust 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 $ ^ Possession rant d if mone ud nt i n Certified Judgment Total $ g y j gme e s o sa Is Ie y ime o evic ion. © 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 wITH1N 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 SUPERSEDERS, 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. ~CT ~ ~ ZDO~ate `~~~ ~ ~ ---- Magisterial District Judge certl y t at t is is a true an correct copy o t e recor o t e procee ings containing the ju gment. Date ,Magisterial District Judge M~ commission expires first Monday of January, 2014 ~ SEAL AO C 3i SA-OB (David (D. Bue(( (Prothonotary KirkS. Sohonage, ESQ, Soricitor knee T, Simpson 15` Deputy Prothonotary Irene E. W orrow 2nd Deputy Prothonotary Office of the Prothonotary Cum6er(and County, Pennsy(vania 04-mgm&CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY (717) 240-6195 • Fax (717) 240-6573