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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 0 - ?? 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 District Justice on
the date and in the c ww referendMillelow.
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C V-0000 yl-M9
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
SO-1- of P-h--y a DSPW
If appellant wag-Claimant (see
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 seared upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
Name of aAwff"(s)
appellee(s), to file a complaint in this appeal
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
simd- of appellant orattorney or agent
RULE: To , appellee(s)
Name of appepee(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
Signature ofP-ftnW&yorDeputy
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 prof of service MUST BE FILED IMTHIN TEN (1.0) 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 al6ant
Signature of oftia/ betore whom affidavit was made
Tide of official
My commission expires on 20
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMICRLAND
Mag. Dist. No.:
09-3-05
MDJ Name: Hon.
NARK MARTIN
Address: 507 N YORK ST
MECHANICSBURG, PA
Telephone: (717 ) 766-4575 17055
CHI PEAK
13 LISMORE PLACE
MECHANICSBURG, PA 17050
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMENT DEF.
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
NAME and ADDRESS
rPHAN
CHI
,
13 LISMORE PLACE
MECHANICSBURG, PA 17050
L J
VS.
DEFENDANT: NAME and ADDRESS
rDEARDO
RFF, HAROLD
P.O BOX 368
LEWISBERRY, PA 17339
L J
Docket No.: CV-0000417-09
Date Filed: 11/06/09
(Date of Judgment) 12/22/09
® Judgment was entered for: (Name) DEARDORFF, HAROLD
a Judgment was entered against: (Name) PRAM, CHI
in the amount of $ . 0
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
D This case dismissed without prejudice.
F] 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 $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ - 00
Total $ .00
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.
Date
Magisterial District Judge 21
I certify
y that this is is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge
My commission expires first Monday of January, 2012 SEAL
AOPC 315-07
DATE PRINTED: 12/22/09 3:02:00 PM
no FEB -2
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 &G .u,6 <4c.,e? ; 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,
0-1 9 sender's receipt ttached hereto, and upon the appellee, (name) a?I'd &401-74 , on
20? ? by personal service by (certified) (registered) mail,
s nder's receipt attached hereto.
(SWORN) (AFFIRMED) AN SUBSCRIBED BEFORE ME
THIS _ DAY O k*iff 20_,IP-.
Signature of officiat before whom affidavit was made
Alois--4, A. b /;c
Title of?ofhci
My commission expires on it) it 201.
COMMONWEALTH OF PENNSYLVANIA
Signature of affiant
NOTARIAL SEAL
ROBERTA E. BIESECKER, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires July 23, 2013
COMMONWEALTH OF PENNS
COURT OF COMMON PLEAS
Judicial District, County Of
NOTWE Of AREAL
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
WON PLEAS No. art ;it
rr
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 can referendf below.
... ............ ..v. IJP V.J. i
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C,U-600117-0? of V6
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This block will be signed ONLY when this notation is nctuired under Pa.
R.C.P.D.J. No. 10088 if appwfer?t wes CYairrtant (see Pa. R.C.P.D.J. W. 401)1(6) in action
.
This Notice of Appeal. when received by the District Justice, wi operate as a before a taistdd Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDERS to the judgment for possession in thls case.
(20) days after r&V the NOTICE of APPEAL.
affte MI&Y-Depw I
PRAECWE TO EI R E TO' 6 E COMPLAW AM IDLE TO FILE
(This section of form to be used ONLY when appeftnt 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 swv9d upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon ft , Flyxq file a
complaint ' this appeal
.
Wan,. Of SAPSO r(s)
(Common Pleas No. days within twenty (20) after service of ruiaE or -4rr enfry of lodgment or pros.
Slynatura?vppaYsrit -atom
RULE: To . app(s)... '
N'ama oL'pNM(s) ?'
(1) You are notified that a rule is hereby entered upon you to the a complaint in this appeal within twenty (20) days after the date of service
of this upon you by personal eerviae or by 'or'b- .
(2) If you do not file a.compk" within this time, a JUDGMENT OF tM PROS#AY BE ENTERER ACA04ST You.
(3) The date of service of the nee if service was by mail is the date-of-the, mfg.
Date:
,20
sou"v of pft oowy - oapety
YOU l *UST INCLUDE A COPY OF THE NOTICE OF JU94WW/TRMWHlPT FORM VOTH 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 APPEUE€ GOLD - COPY TO BE $NOW 0Hj~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: Cumberland
09-3-05
MDJ Name: Hon.
Mark Martin
Address: 507 N. York Street
Mechanicsburg, PA
17055
Telephone: (717) 7664575
AMOUNT DATE PAID
FILING COSTS $
POSTAGE $
SERVICE COSTS $
CONSTABLE ED. $
TOTAL $
/0 -,y 90
CIVIL COMPLAINT
PLAINTIFF: NAME and ADDRESS
Pham, Chi °.
13 Lismore Place
Mechanicsburg, PA 17050 ,>
VS.
DEFENDANT: NAME and ADDRESS
Deardorff, Harold
P.O. Box 368
Lewisberry, PA 17339
L_
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LLJ
I
Docket No.: CV-0000417-09
Date Filed: 1/20/10
owa
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party.
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you fort together with costs
upon the following claim (Civil fines must include citation of the statute or ordinance violated):
The Notice of Appeal/Civil Complaint is in response to Notice of Judgment filed 12/22/09. The Plaintiff requests the
case be reviewed due to credibility of Defendant's claim on rental property costs related to Security Deposit. The
Defendant provided questionable expenses related to apartment move-out walk through. Receipts are requested to
reflect the costs presented by the Defendant. It is believed the costs are inaccurate/inflated and a portion of the
Security Deposit be paid to the Plaintiff. Attached is the Notice of Appeal and Letter to District Justice.
Initial Complaint filed on 11/6/09.
I, Chi Pham verify that the facts set forth in this complaint are true and correct to the
best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 the Crimes
Code (18 PA. C.S. § 4904) related to unswom falsification to authorities.
( gna ure o Plaintiff or Authorized
Plaintiffs
Attorney:
Address:
Telephone: ( )
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you
intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days
before the date set for the hearing.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial
District Court and its services, please contact the Magisterial District Court at the above address
or telephone number. We are unable to provide transportation.
AOPC 308A-05
January 19th, 2010
To Whom It May Concern:
I am writing in response to the Judgment dated for 12/22/09. I would like to appeal the
decision to grant the Defendant, Harold Deardorff a judgment against me. I apologize, I
was not able to attend the hearing on 12/22/09 due to being out of town and was not
aware that I was able to attend. In addition, I would like to rebuttal the Defendant's
comments regarding the Security Deposit. The Defendant sent me a letter on Nov. 16th
,
2009 stating that he sent a letter shortly after I moved out of the apartment on Sept. 26th,
2009. This letter was never received by me, otherwise I would not have filed the original
complaint with the District Justice. I find it odd that I received a letter though after a
complaint was filed on Nov. 9th, 2009 with the District Justice office.
In the Defendant's letter (a copy is enclosed), he lists expenses related to the apartment
which I moved out of. Would you please review this list of expenses because I believe
these costs are very high and not reflective of what other repair vendors may charge. I
would also to request a copy of the receipts showing the expenses paid on behalf of the
Defendant. I have also attached some comments based on my view of these repairs. I
strongly believe the defendant might have inflated these costs so that the Security Deposit
would not have to be repaid, therefore I would like proof of these expenses. I also
question whether the Defendant sent me a letter dated for Sept. 30th because I lived with
my parents at that time and we looked for a letter everyday.
The Defendant claims that I owe an excess of $193 beyond the Security Deposit amount
of $1,150 owed to me after he calculated his costs. I am just wondering that if he claims
to have sent this letter shortly after I moved out of the apartment, which I did not receive,
then why would he decline a Certified Letter from me sent on Oct. 27th , 2009 to request
communication on the Security Deposit? Hypothetically, if I did owe him any amount, it
would make logical sense to open the letter which I sent in the event the letter contained a
check of this amount he claimed. Instead the letter was returned to me as `Unclaimed'.
In addition, I've placed over a dozen calls and voicemails from the time I moved out on
Sept. 26th, 2009 up until Oct. 27th, 2009 when I sent the Certified Letter. The Defendant
never returned any of my phone calls to explain this matter nor informed me any letter
which was `claimed' to have been sent regarding the Security Deposit.
I would like to appeal the decision made by the District Justice Office and would like the
case to be further investigated. In summary, I believe I should have been repaid a portion
of the Security Deposit. I also believe the costs were inflated, no communications were
ever sent to me initially, and that a judgment was inappropriately filed. It is probably
much simpler on my part to let the case go, but I believe I am correct in this situation and
I would like to avoid other tenants having to experience this issue in the future. Other
tenants renting property by the Defendant have come to me several times with similar
complaints.
I hope you will understand my argument and assist me in reaching a reasonable
resolution. Thank you very much for you time in reviewing this matter. Please contact
me at 717-580-6927 if you have any questions or concerns.
Sincerely,
Chi Pharn
Repair Comments
1. The P bedroom had a 6 inch scratch in the wall. I would like a receipt to show
the cost and the vendor who repaired and painted the wall.
2. There were half a dozen holes from nails for hanging up pictures. I would like a
receipt to show the cost and the vendor who patched the wall.
3. There were two smoke detectors which each needed a battery and they were not
broken. I would like a receipt to show new replacement smoke detectors.
4. All the tiles in the kitchen were in the same condition as initial move in. There
was already a small crack in the one tile which the Lanlord was aware of prior to
me moving in. I would like a receipt to show the cost and the vendor who
replaced the tile.
5. I do not believe it costs $50 dollars to make a copy of a key. Wal-mart charges
less than $2.00 per key. One apartment key was left at the apartment for the
Landlord. I would like a receipt to show the cost and the vendor who made a
copy of the key.
6. There was no trash inside the house because I thoroughly cleaned the house. The
trash day was five days after I moved out. I'm sure the Landlord would have also
had trash if he had to clean the house after I moved out. There was a bag and a
broom in the outside trash can. I do not believe it costs $65 to remove the trash. 1
would like a receipt to show the cost and the vendor who removed the trash.
7. The house was thoroughly cleaned when I moved out. The carpet did need to be
steamcleaned. This is the only valid cost in the list. I would also like a receipt to
show the cost and the vendor who cleaned the carpet.
8.
Of �U
David D. Buell o M
D e, Renee X Simpson
z
Prothonotary b!m�r; ,_ 1S Deputy Prothonotary
O � _ �
it ohona e v ,�� '
S g , E.SQ Irene E. J'Iorrow
Solicitor „50 2nd Deputy Prothonotary
Office of the Prothonotary
Cumberland Cumberfand County, <Pennsy[vania
�4 —j'/S'O CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 291H DAY OF OCTOBER, 2013,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
One Courthouse Square • Suite 100 • CarCzsle, PA 17013 • (717)240-6195 • 'Fax(717)240-6573