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HomeMy WebLinkAbout10-2443CnMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9t" Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT I COMMON PLEAS No. ? ?. qq3 ? v 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. Madison Homes Group, Inc. 109-1-01 I Charles A. Clement, Jr. ADDRESS OF APPELLANT CITY STATE ZIP CODE 405 Bridge Street New Cumberland PA 17070 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 3/15/10 All About Paint V5 Madison Homes Group, Inc. DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT CV-0000582-09 This block will be signed ONLY when this notation is required under Pa. If appellant as Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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 All About Paint appellee(s), to file a complaint in this appeal 9 Name of appellee(s) (Common Pleas No. / d r7-yy3 ow,'l ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 04A/W r..d L4JAAZI - Signatu of appellan r attorney or agent Craig A. Diehl, Esquire, CPA RULE: To All About Paint of appellee(s) , 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 y,6u do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) he date of service of this rule if service was by mail is the date of the mailing. Date: A it 2010 Signature ofProtho to or YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 C _r ck? ? 6 ?. 93 COMMONWEALTH OF PFNNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT 41 ' COUNTY OF: CUMBERLAND CIVIL CASE M, y, Uu,i. rh,. 09-1-01 PLAINTIFF: NAME and ADDHESE; 5ALL ABOUT PAINT 4327 N THIRD STREET HARRISBURG, PA 171.10 L J VS. DEFENDANT: NAME and ADDRESS FMADISON HOMES GROUP INC 405 BRIDGE STREET NEW CUMBERLAND, PA 17070 L J Docket No.: CV-0000582-09 Date Filed: 12/03/09 FiYi-' ?Ws'8 MDJ r-lame Hon CHARLES A. CLEMENT, JR Add,-` 400 BRIDGE ST OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA (717) 774-5989 17070 MADISON HOMES GROUP INC 405 BRIDGE STREET NEW CUMBERLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) 3/15/10 ® Judgment was entered for: (Name) ALL ABOUT PAINT FX1 Judgment was entered against: (Name) MADISON HOMES GROUP INC in the amount of $ 6,417.00 1-1 Defendants are jointly and severally liable. F1 Damages will be assessed on Date & Time El This case dismissed without prejudice. 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 $ 5,843.95 Judgment Costs $ 134.75 Interest on Judgment $ 438.30 Attorney Fees $ .00 Total $ 6,417.001 Post Judgment Credits $-------__--I 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. MAR 15 2010 ' Date Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2014 , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 3/15/10 5:04:00 PM 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 Cumberland ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. 10-2443 Civil , upon District Justice designnated therein on (date of service) Apri113 2010 ? by personal service IN by certified/registered mail, sender's receipt attached hereto, and upon the appellee, (name) All About Paint , on April 13 2010 ? by personal service 0 by certified/registered mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on April 13 2010 ? by personal service ?01 by certified/registered mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 14th DAY OF April 2010 Al /I ignature of Afriant Atto ney for Appella t Si ure of Official Before Whom Affidavit was made Notary Public Ra! iR Title of Official My Commission Expires on G?? 20 L?- ?C Q COMMONM6LTH OF PENNSYLVANIA _ NOTARIAL SEAL w DEBRA A. FIKE, Notary Public Greesiwood Twp., Perry County M Commission Expires October 24, 2013 --I ?111 .....?..??. -° Ln - C3 a N 0 0 O O m ra 0 0 r- iM N C) U o a U 0b ? H ? U a? "0 o Z ?o M Postal r CERTIFIED MAIL RECE p tr (Domestic Mail Only; r 0 d y d information For delivery , : a ?Ab? o Postage $ y .. y 0 Certified Fee 76 ' 907 017H15544 ?D N V M U O O O Return Receipt Fee w (Endorsement Required) O „y O elivery Fes (E.=D nt Required) 04 r' 1312010 m Total Postage & Fees Is -d-. s- Mailed From 17011 rl CO s The Honorable Charles A. Clement Jr. M o Olde Towne Commons, Suite 3 , _ 400 Bridge Street New Cumberland, PA 17070 ALL ABOUT PAINT, Plaintiff vs. MADISON HOMES GROUP, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2443 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the 26th day of May, 2010, I served a true and correct copy of the foregoing Ten Day Notice by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Madison Homes Group 405 Bridge Street New Cumberland, PA 17070 Jana Butler Toole, Esquire Attorney for Plaintiff I.D. #80574 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 n ^~, c ° ,, ~ ~- ~`- -~% ~-; : ~ -~-r ~._r '-._.. _ i" f_ ~" ~~ _ __ ,c'r . ~ ww ,v -Xa ~. .. C BUTLER LAW FIRM Ronald D. Butler, Esquire Attorney I.D. No.: 09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 lawvers(ci~butlerlawfirm.com ALL ABOUT PAINT, Plaintiff vs. MADISON HOMES GROUP, INC., Defendant TO: Madison Homes Group 405 Bridge Street New Cumberland, PA 17070 DATE OF NOTICE: May 26, 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2443 CIVIL TERM CIVIL ACTION -LAW IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOLT MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 NOTICIA IMPORTANTE A: Madison Homes Group 405 Bridge Street New Cumberland, PA 17070 FECHA DE NOTICIA: May 26, 2010 LISTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA LISTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER DINERO OR PROPIEDAD U OTROS DERECHOS IMPORTANTES PARR LISTED. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME OR VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 of C .y, David D. Buell e;, l�enee 7 Simpson Prothonotary q 1St Deputy(Prothonotary OI � �er, rt- (� 2 V ow O �irkS. Sohanage, ESQ �' tl i, �<' Irene E. [Morrow Solicitor 775o 2"d Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania /p— 214413 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH 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 • Carlasle, PA 17013 • (717)240-6195 • Fax(717)240-6573