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HomeMy WebLinkAbout10-1487COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland L I MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. If 0 -I ??'7 Gam' tk?n 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 Magisterial District Judge on the date and in the case referenced below. George R. Bentley, Jr. and Mary E. Bentley NOTICE OF APPEAL FROM Richard S. Dougherty ADDRESS OF APPELLANT CITY STATE ZIP CODE 407 E. Fourth Street, 2nd Floor Boyertown PA 19512 DATE OF JUDGMENT IN THE CASE OF (PlaintiM (Defendant) 02/04/2010 Gerald R. Morton, et al. VS George R. Bentley, Jr., et al. 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 Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy Claimant - (see Pa.1y.C.P.D.J. No. before a Magisterial District Judge, 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Gerald R. Morton and Nicole Carney appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. )6- 147 ?-7 C%./, l RULE: To Gerald R. Morton and Nicole Carney Name of appellee(s) within twenty (20) days after ervice of rule or suffer entry of judgment of non pros " Signatu t-? ppellant or attorney or agent Ryan P. Siney, Esquire, I.D. #209190 Si.J^ a?C/ G1rllrRrrS 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: March 3, 2010 /S Signature of Prothonotary or Deputy 69C YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND May. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. DOUGHERTY Address: 98 S ENO-11A DR STE 1 ENOLA, PA Telephone: (717 ) 728-2805 17025 MARY E. BENTLEY 407 E FOURTH ST 2ND FLOOR BOYERTOWN, PA 19512 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF LJ Judgment was entered for: (Name) Judgment was entered against: (Name)) in the amount of $ 3, 566.51 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rMORTON, GERALD R, ET AL. 17A W GLENWOOD DRIVE CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS FBE14TLEY JR, GEORGE R, ET AL. 407 E.FOURTH ST-2FL C/O MARY B. BENTLEY LBOYERTOWN, PA 19512 J Docket No.: CV- 0000343 - 09 Date Filed: 10/23/09 (Date of Judgment) 2/04/10 MORTON, GERALD R, ET AL. BENTLEY JR, GEORGE R Defendants are jointly and severally liable. Damages will be assessed on Date & Time F] This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Cl Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 3,382.00 Judgment Costs $ 184.5b Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,566.50 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. FEB 0 4 Lu)D Date _.,o ?Fe?. Magisterial District Judge I certify that this is a true and co ct copy th oft p edings containing the judgment. Date My commission expires first Monday of January, 2012 Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 3/02/10 10:39:00 AM GIMONWEALTH OF PENNSYLVANIA UUUN I Y OF: %,=uJnSKM-AM ,. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. DOUGHERTY Address: 98 S ENOLA DR STE 1 ENOLA, PA Telephone: (717 728-2805 17025 MARY E. BENTLEY 407 E FOURTH ST 2ND FLOOR BOYERTOWN,, PA 19512 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS T ORTON, GERALD R, ET AL. -1 17A W GLENWOOD DRIVE CAMP HILL, PA 17011 L vs./.. DEFENDANT: NAME and ADDRESS rBENTLEY JR, GEORGE R, ET AL. 407 E.FOURTH ST-2FL 9..,c C/O. MARY E. BENTLEY LYi3RTOWN, PA 19512 r Docket No.: CV- 0000343 - 09 Date Filed: 10/23/09 (Date of Judgment) 2/04/10 Judgment was entered for: (Name) MORTON, GERALD R, ET AL. © Judgment was entered against: (Name) BENTLEY, MARY E in the amount of $ 3, 566.5 1-1 Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time F] This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 E] Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 3,382.00 Judgment Costs $ 184 . Interest on Judgment $ - 5D Attorney Fees $ - :UO Total $ 3,566.50 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 CQPY-OF Ti0S7N0TICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. JUUUMbNT HOLDER ELECTS TO EN1 ER THE JUDGMENT ICI Hf J ...?. ?r...°' Gn-L 1J10 (K1l JUUCatS, IF THE COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS ,MAY B ISSUED BYT THE MAGISTERIAL p 5 RIjCT 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. FE8.0 4204-' t 0111!N.fhat tll sis a true and co ct copy th Date Magisterial District JL oft g clings containing the judgment. My, commission expires first Monday of January, AOPC 315-07 2012 Magisterial District Judge SEAL DATE PRINTED: 3/02/10 10:39:00 AM OF THE PROTHoftW 2010 MAR -3 PM 2: 05 CUM3E ii.AI-z k-:c 1N y PENNSI VAI A V91. 7 j"?e "C 'J?? '!" male, 6k .lf y7 7 G A %k- 3K3/z F11 FD--43FRCE Y 2910 MAR -s P11 1: 20 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 Cumberland ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.10-1487, upon the Magisterial District Judge designated therein on (date of service) March 4, 2010, ® by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Gerald R. Morton and Nicole Came , on March 4, 2010 ?by personal service® by (certified}{regi}mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 4th DAVOF March, 2010 Sig at r4?w t y-W{ s made Notarial Seal Tammy L Margeson, Notary Public LowerAllen Twp., Cumberland County My Commission Expires Dec. 21, 2011 Member, Pennsylvania Assodatior of Notaries Title of official U My commission expires on 20 l Signature of affiant Michele A. Connor AOPC 312A - 05 U.S. Postal Service CERTIFIED MAIL?, , RECEIPT r_j . (Domestic Oniy,- No Insu rance Coverage Providev tti rU 0' Postage $ C3 Certified Fee ?L O rq ` M C3 Return Receipt Fee (Endorsement Required) P ::34fe D r3 -P- } Restricted Delivery Fee (Endorsement Required) ';: _3 V ---- a c T l P @ ?. i M ave ota ' S .D Sent To o r a Gerald R. Morton - ---- t`- ___POB 17A W. Glenwood Drive cfn, sta ------ Camp Hill, PA 17011 Postal CERTIFIED MAIL, REC EIPT ti ,, (Domestic . Provided) r-R , F I C ni O _ Postage $ C3 Certified Fee C3 O Return Receipt Fee (Endorsement Required) r a Postmbark y c -1iH - Restricted Delivery Fee ? V ? 0 (Endorsement Required) Lrl Total Pte-'--- ° °--- 1 ? S T 0 V m V nt To c3 « Nicole Carney PO (3 17A W. Glenwood Drive L L Cdy, Sta Camp Hill, PA 17011 - --------- ! OamO@W *ww 1, 2, fetid 3. Akc ooiRrpW_ - WM 4 p Rwatrlots d Ddvwy Is dim 0 14. r Print your . Wr O d soft" on ttte'rstierse so *Ad we awn roan ttM oard to you. ¦ A ftch iMe c" tt9 ft bwk of the ms#pirm, or on the ft W N spas pwmb. 1. Artfde Addressed to- Agent . 008 Of Oz 8??i !,Sa S { C & D. in dNHery adders dOw imm learn 1? 13 Yes K YES, wrta ddWwy address t ebw. 0 No Gerald R. Morton M 17A W. Glenwood Drive `-"-""- Camp Hill, PA 17011 e. Wtarillsd moo O Swam hMd 0 Registered PWm RsoW for Modes dee O rnwred Mai 0 C.O.D. ?d. IV - -7 4. Rasdioted Deivery? 4?0* raq ? Yes 2' i4'dd°`"'"r 7006 3450 0001 0925 1711 PS Form 3811, February 2oD4 Donwatio Reft m Raosipt 1oQaae ae ?eio ¦ Ormptsb %Wre 1, 2; a#td & Mom dr Iphls A.' x • Rrktt your cMrrrr.end trtliinrse on the ronrorse ?- so that we? can MUM the nerd to you. or on the front M spew^w permits. N Ylo6, Omer a'eWsry adeNsse below: ? No Nwert 4'if PA&Mdad Quivery M dlr»(rsd. ¦ Attach ttae cod to the b.rdc of tlrs tsrowplsoe. 1. Artkde Addressed to: Nicole Carney 17A W. Glenwood Drive Camp Hill, PA 17011 CQ?e nl o. ?y -148-? 2. Artrdst*rar?"ar ? Apsnt C. OEM of D*4wy 3-5-10 D. I* dsirery address dMlr,wn 7ferrrr foam 1? ? Yes 0 Regbtered Q"Fteann Reoelpt for Mefrlee 3. Servk;e type v rrraured Mldl v c.o.D. 4. Reatrdad DaiNery'1 050a Fee) O ciao 7006 345Q 0001 0925 2728 arereFeeaIMer a i 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GERALD R. MORTON and NICOLE CARNEY, Plaintiffs V. GEORGE R. BENTLEY, JR. and MARY E. BENTLEY, Defendants NO.: 10-1487 Civil Term CIVIL ACTION - LA)AP JURY TRIAL DEMANI)ED 5 co - -v TO THE PROTHONOTARY: ENTRY OF APPEARANCE :. =- `j r , M Please enter my appearance for Plaintiffs Gerald R. Morton and Nicole Carney. DATE: 311711o n J Girard . ickards, Esquire 135 South Duke Street York, PA 17401 (717) 845-4038 Attorney ID: 58867 CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiffs, do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Entry of Appearance, via first class mail, postage prepaid as follows: Ryan P. Siney, Esquire Shumaker Willimas, P.C. P. O. Box 88 Harrisburg, PA 17108 Date: III ?-//D Girard E. Rickards PEN44V T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IA , CIVIL DIVISION -<> c7 r--= GERALD R. MORTON and NICOLE CARNEY, NO.: 10-1487 Civil Ted . --4 c- ?- ; Plaintiffs =C) V. CIVIL ACTION - LAVP,'-- GEORGE R. BENTLEY, JR. and MARY E. -? s- BENTLEY, JURY TRIAL DEMANDED Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, discontinued and ended. DATE: August 29, 2011 Girard E. ckards, Esquire 135 South Duke Street York, PA 17401 (717) 845-4038 Attorney ID: 58867 CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiffs, do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Praecipe to Discontinue, via first class mail, postage prepaid as follows: Ryan P. Siney, Esquire Shumaker Willimas, P.C. P. O. Box 88 Harrisburg, PA 17108 Date: