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Home My WebLink About10-2497COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. L/ ? 7 clv,^l 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. o? 1?5 - If appellant was DATE F JU MENT HE CASE OF (Plaid' - DODO 73 ?U 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 District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. /?? &4'? FROM 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. pFgnaft" of Prothorwtary or Dep* 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??-?r? appellee(s), to file a complaint in this appeal Name of ag*Hee(s) (Common Pleas No. 10-00 ' 7 (Jy. ?) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of alfw1ant or attorney or agent RULE: To appellee(s) Name of appe4se(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: A / «" .20 0 ? e? 9 644 4y Signature of Promonotary poly 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 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 affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 r N ? w COMMONWEALTH OF PENNSYLVANIA COUNTY OR CUKBERLAND MAp, DLL. No,: 09-3-03 MDJ NSMA: WOn. SUSAN R. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS. PA TOIeDnOnr; (717 ) 486 -7672 17065 TORRY JONES, DEF- 1 36 MILL ST. LOT 3 NT HOLLY SPRINGS, PA 17065 * ammended copy NOTICE OF JUDG IAEL LEASENSCRIPT PLAINTIFF, RESIDENTIAL endA0DF;9S$ rCL1RL1kND 0 DAVID & BRENDA 65 PINSDALE RD CARLISLE, PA 17015 J L. VS. DEFENDANT: NAME and ADDnESS rj'ONSS,TORRY & BEVAN, LISA. ET AL- 36 MILL ST, LOT 3 XT HOLLY SPRINGS, PA 17065 L Docket No.: LT-0000093-10 Date Filed: 3/23/10 J THIS IS TO NOTIFY YOU THAT: Judgment: DAVID BRENDA a Judgment was entered for: (Name) Ti^.LAND in a Judgment was entered against JONES TORRY rx BEVAN LISA ® Landlord[Tenant action in the amount of $ 3 490.39 on 4105/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 9 5. .00 The total amount of the Security Deposit is $ ' Total Amount Establishe b l6J,Vss. oecurity Deposit Ap . 00== Adjudicated Amount Rent in Arrears $ 00 = . 00 Physical Damages Leasehold Property .130 Detention Less Amt Due Defendant from Cross Complaint - interest (if provided by lease) LJT Judgment Amount Attachment Prohibited/ Judgment Costs 42 Pa.C.S, § 8127 Attorney Fees This case dismissed without prejudice. Total Judgment Post Judgment Credits Possession granted. Post Judgment Costs Certified Judgment Total 3,31 - 89 Q .00 $ $, $ ?n 39 $ 3,490. S X Possession granted if money judgment is no Sa Is y Ime OT 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 PROTHONOTARYICLERK 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 Ps.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 JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEA 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 REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. J t-5-10 Date , magisterial District JudgE Fern at t Is is a true an or y o e record the ocee rags containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2016. SEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS PLAINTIFF: NAME and ADDRESS County Of 04ee1? A-4- vs. DEFENDANT: NAME and ADDRESS Aolf_!14-13""? me 6 I Common Pleas Docket No. ) Q ?y fl C; , l TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) Agyz&,14 l7coZG,, - (print name and address here), have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession of real property that koccupy, andi(do not have the financial ability to pay the lesser of three (3) times 0?44 monthly rent or the judgment for rent awarded by the magisterial district court. y total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal andd have completed an in forma pauperis (IFP) affidavit to verify this./ hbm/have not (cross out the one that does not apply) paid the rent this month. #verify that the statements made in this affidavit are true and correct to the best of my knowledge, cle Q information and belief.efunderstand that false statements herein are made subject to the final s of-18 7 :t:7 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date SI!CJ.P ATURE OF TENANT AOPC 312-08 (B) DAVID and BRENDA CLELAND : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 10- ;Z N y/ CIVEL TERM C? TORRY JONES and LISA BEVAN -_' Defendants PRAECIPE TO PROCEED IN FORMA PAUPERIS e , To the Prothonotary: Kindly allow TORRY JONES and LISA BEVAN to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the parties are unable to pay the costs and that I am providing free legal service to the parties. J -AA Date: 4/15/2010 Geoffre M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 DAVID AND BRENDA CLELAND : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLV ANIA Plaintiffs Docket No. 10-2497 CIVIL VS. -- m ` LISA BEVAN and TORRY JONES - ? . Defendants '1 PRAECIPE TO TERMINATE SUPERSEDEAS AND STRIKE APPEAL TO THE PROTHONOTARY: Kindly terminate the supersedeas and strike the appeal filed in the above captioned matter for Defendant's failure to make monthly rent payments as required by Pa.R.C.P.M.D.J. No. 1008 and as agreed to in the Settlement Agreement filed on July 1, 2010. SALZMANN HUGHES, P.C. Date: IO ?l / 011611((? prw1pv. Susann B. Wrrison, Esquire Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiffs 4PA) S-?r?cK?n ?n a??aruan? ?u,? a-b6 14e DAVID AND BRENDA CLELAND : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : Docket No.10-2497, CIVIL VS. LISA BEVAN and TORRY JONES Defendants CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this -IDWday of June, 2011, a copy of Plaintiffs' Praecipe to Terminate Supersedeas and Strike Appeal was served by First Class Mail upon counsel for Defendants as follows: Geoffrey Biringer, Esq. Brenda Zimmerman, Esq. MidPenn Legal Services 401 East Louther Street Suite 103 Carlisle, PA 17013 Susann B. M son, squire Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiffs CUMBER'_/~N': ~OUI~P' °R^?H^K~`TA'~" ^~~F'C~ - GEI~~ERA'_-FUND Check :I)at:e: :L:Li"_ ~~"201<": * 2187 Case N<~. Defy=_ndarit Descriptions Amt Released Receipt 10-02~c17 CLELi~ND :=L~~TID RENT 147.00 240518 ~. r....a ~Vk ~F..~4r-~- M'" ~ .• •~ ~ h t.ti1 Check Amount: 147.00 INFOCON CORPORATION[L1558HBE 3385603 David D . Buel.L ORRSTOWN BANK SHIPPENSBURG, PA CUI4IBE1.2I~~]\D COLINT'Y PRO'THO;!VO'CART O~IETICE so-~so3r~~a [[ENE.RAL FUND I COURTE;[OiISE SQU,aRE, SUITE 101) CARLISLE, ]PA ]7013 U CH!_CK DAl-E CIhiECK NUME3ER PAY THIS AMOUNT o 1:1/30/21)12 2:187 $147.00 0 a v a One ]Hundred Forty Seven And 00/100 Dollars. ~, TO THE ORDER OF a CLhLAND DAVID :?~fD BRE]VDA 2010-2497 `~ 155 PINEDALE R0:?~I m CARLISLE, PA 17013 - AUTHORIZED SIGNA URE II'00 2 ~8 71[' ~:0 3 L 3 i 50 3 EIS: L08 L ~ L Z 7 L[I' 09510711302012 Cumberland County Prothonotary's Office PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Payee Name - Rel Date Desc No No Amount Date No CLELAND DAVID AND BRENDA RENT 4/15/2010 PYMT/CHECK 240518 10-02497 147.00 11/30/2012 2187 Total Amount Released Page: Check Amount 1 147.00 ** 147.00 -----------------------------------End of Listing ---------------------------------------------------------------------