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Home My WebLink About04-2844COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM 6111 /0 't DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 y - , j p y(f C&-11 '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 case referenced below. NAME OF APPELLANT NAG. DIST. NO. N; OF D.J. )s.M?A (fA-r 662 u, p U9/?'4-KIA. P CdrrC? f ADDRESS OF APPEEL-LEANT / CITY ,pSTATE 14415 /'a ";,<A ?i rG A, /-!q DATE OF J GM NT IN THE CASE OF (Plaw,f) (Defendant)' DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT ZIP CODE 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. 1001(6) in actiol R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twent SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgnature of Prothonotary or Deputy 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. 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 appellee(s) (Common Pleas No. q _ fr y 4 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To ,5r '6'i//Oyy .U ; mss eW:,07,,rU , appellee(s) Name of appellee(s) Sig Lure of appellant or attorney or ages (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 San 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .200Y 4 - Signatu k rothonotary or a YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL AOPG 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT frlis Nvaot ct setvbe MUD rBE ,LEo wf l .1N TEN (10) DAYS ":F? H rilrng of Jon nofiee of an, c aL 7raracx 3pF>1-r.?=f;tf3r.xes. CONINIONWLALTH OF PENNSYLVANIA COUNTY OF . ss AFFIDAVIT: I hereby +swear) (affirm) !hat I server! ?i a copy of me Ncttoe of Appear, Common Pleas No, pat We 1: (ante of s8rvica) 24 j by persona! n.ervice onder's receipt attached hereto, and upon the appellee {namv) 2Q ? by personai service c.r Jer's re e p* atofOled hereto. (SWIDRN) (AFFIRMED) AND SUBSCRIBED BEFORE ME TNIS DAY OF . 20 S(gna.vle of offoml before whom affoa?R war made 741e of offr,,,al My commission expires on . 20 istric istlce des In cad tnarein pr ? y i':ertifte;r (IGCISif;: E;7. .1131 by (certified) irpglstered) -nail, :irry u t Hr.;rt. rvJ -? s va - ? cam: ?- :, fir T ?. In AOPC 312A 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-2-01 DJ Name: Hon. PAULA P. CORREAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA TelePhone:(717) 240-6564 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS r'ALESSANDRO, ANTHONY 53 SU1+II+IER DRIVE DILLSBURG, PA 17019 L VS. DEFENDANT: NAME and ADDRESS FCARBAUGH, DONNA 205 FAITH CIRCLE CARLISLE, PA 17013 DONNA CARBAUGH L 205 FAITH CIRCLE DocketNo.: LT-0000179-04 CARLISLE, PA 17013 Date Filed: 5/27/04 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF. -- X Judgment was entered for: (Name) D' ALESSANDRO, ANTHONY Judgment was entered against CARBAUGH, DONNA in a 0 Landlord/Tenant action in the amount of $ 3,714.83 on 6/11/04 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Establish cl bb ppJ LLess • Security Deposit Ap lid = Adjudicated gmou Rent in Arrears $ 5, 5 3.20 - $ _ $ 3.583 Physical Damages Leasehold Property $ .00-$ .00 = $ .0 Damages/Unjust Detention $ On-$ -00 = $ .0 Less Amt Due Defendant from Cross Complaint - $ • C Interest (if provided by lease) $ " C I UT Judgment Amount $ 3,581.-, - Attachment Prohibited/ Judgment Costs $ 131A L_! 42 Pa.C.S. § 8127 Attorney Fees $ t ? This case dismissed without prejudice. Total Judgment $ 3 , 714: f 1J Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is not satlstled by time of 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 WI TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT: 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. 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 A EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS4N FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date , ??;_? District Justice I certify that this is a true anal c, ct copy of the recordrohThe pr6ceedin s containing the judgment d. Date ict Justice Distr MX commission expires first Monday of January, 2006 SEAL C.G C 315A-03 Anthony D'Allesandro Plaintiff, V. Donna Carbaugh, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA oy- xqllq :NO. CIVIL TERM :Landlord/Tenant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Donna Carbaugh, Petitioner, to proceed in forma pauperis. I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MIDPENN LEGAL SERVICES BY: Geoffrey M. ?M B" ra Zsr nger, Attorney y for P7 ntiff 8 Irvine Row Carlisle, PA 17013 n C- !LU! j Imo} O d 7 W UCH ^? 7 fti PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN FEN (10) DAYS AFTER filing of fie notice of appeal. Check appitcable boxes } COMMONWEALTH OF PENNSYLVANIA COUNTY OF fr.t%tiGru?i : ss AFFIDAVIT: I hereby (swear) (affirm) that I served (_J? a copy of the Notice of Appeal, Common Pleas No. H °Yupon the District Justice designated theme on (date of service) 4 11 A _ 20 0/"/ g , ? by personal service rby (certified; (re. teFEd) mail sender's receipt attached hereto, and upon the appellee, (name) X,14, X- Y , 2011xf ? by personal service Fk< by {certified] (PIMeredJ me 1, senders receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS. DAY OF 20 _._.._.. S?gncfz,re or, fl?ent Signarure ofofficia, before wham afldi,14 was made Title ofWCiaf My commission expires on , 20 I verifyithat thl statements made in this Affidavit are true and cbrrect. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. Geoffrey Biringer, E q. AQPC312A-e2 m .n r - M ru r3 Ln N ..--?. Postage $ _t? •_ Certified Fee Return Receipt Fee ?. 7? Fill O r tlo semen, Requiretl?- 1- O Ls,r ctetl OelNery Fee O -i tlesement Required) 0 1" its. Postage is Fees ent To ? ?.CSS? ri J got r, n ee, APL No.; J ?5 C r PCB Box No. ?J ?/(?/IY1 m C it 'iY,ate,Z/Pr4 r ?} b Q? t?A ?7 L .. 1 6za3-w-la-S6SZ7l Slanau nn7 fdoneor'nnoc .q10 $2 'Afinbui ue Bui>lew u94m V luesaid pue idlamaf S141 Ones 1NV1NDdWl e 'I!ew pue a6elsod yvm lagel xlge pue yoelep 'papaau Wu s? Id!aoa 1.1 a aPag!ya0 ayl uo rylewlsod a if '6uppewlsod lo; ao?o lsod ay: le a1C 41 luaswd aseold 'pw!sap s! 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ANTHONY D'ALESSANDRO, V. Plaintiff/Appellee . DONNA CARBAUGH, Defendant/Appellant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2844 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may be entered against you by the Court without furthercnoti e' or anyomoney claimed in'the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or Property or other rights important to you. 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 2 Lfbert A y venue Carlisle, PA 17013 Phone: (717) 249-3166 ANTHONY D'ALESSANDRO, V. Plaintiff/Appellee . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .. LAW DONNA CARBAUGH, : NO. 04-2844 Defendant/Appellant, : JURY TRIAL DEMANDED COM?tNT The above-referenced Plaintiff/Appellee, Anthony D'Alessandro, by his attorneys, Offices of Paul Bradford Orr, Paul Bradford Orr of action: The Law Esquire, respectfully sets forth the following cause 1. Plaintiff/Appellee, Anthony D'Allessandro, herein referred to as "Plaintiff' with a mailing address of 53 Summer Drive, Dillsburg, York County, Pennsylvania, 17019. 2. Defendant/Appellant, Donna Carbaugh, herein referred to as "Defendant" with a last known address of 205 Faith Circle, North Middleton Township„ Cumberland County, Carlisle, Pennsylvania 17013. 3. On or about September 3, 2003, Plaintiff and Defendant entered into a lease for residential property located at 205 Faith Circle, Carlisle, North Middleton Township, Cumberland County, Pennsylvania, for a a period of one year. (See Residential Lease of 3 pages attached and marked as Plaintiffs Exhibit "A") 4. The rental amount agreed upon in the Residential Lease referred to above was $800.00 per month due on the first day of each calendar month beginning with September 5, 2003. 5. Almost immediately, Defenant failed to make the monthly rental payments in a timely manner. 7. Plaintiff asserts that Defendant owes in excess of $8,000.00 for rent unpaid and late fees that have acurred under the residential lease agreement. 8. Plaintiff asserts that upon having posse Ss on granted to him on June 23, 2004, additional monetary damages have resulted due to the Defendants willful and negligent conduct as follows: a. Outstanding utilities: $320.00; b. Damage to carpet: $440.00; C. Hilton's Lock Service: $101.00; d. Trash removal: $550.00. 9. Plaintiff furtherasserts that under the lease agreement Defendant is responsible for any and all rental fees up to and including August 31, 2004, unless the property is rented sooner by Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Award against Defendant in the amount of $8,623.20, serving as outstanding rent owed and late fees accumulated up through and including May 13, 2004, with additional amounts not yet determined to be awarded at time of hearing; additionally, Plaintiff requests this Honorable Court to award him monetary damages in the amount of $1,411.00 due to property damage and unpaid utilities that were the responsibility of the Defendant; and any additional award for costs, expenses, and attorney fees as determined by the Court. Date: qd vq Respectfully Submitted, B: T e a ffices 171?\ Bradford Orr Attorney for Plaintiff/Appellee 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 71786 ANTHONY D'ALESSANDRO, V. Plaintiff/Appellee . DONNA CARBAUGH, Defendant/Appellant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2844 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on this date, ?y -o , 2004, 1 mailed a copy of the Complaint as captioned above to Donna certified mail, return receipt requested to: MidPenn Legal Services Geoffrey M. Biringer 81 ine Row Carl' le, A 1 13 Paul BradfnrH Carbaugh at the following address by U.S Mail, postage prepaid, VERIFICATION I verify that I am the Appellee and that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties ofPa. C.S. § 4904, relating to unworn falsification to authorities. DATE: ?z 9/y Anthony D'Alessandro y- C_ r-_ T f IT'il N 7 lJ CZ) _ rrU _.. = TI , r n N ANTHONY D'ALESSANDRO, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Appellee : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 04-2844 DONNA CARBAUGH, Defendant/Appellant, JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF AND NOW, this 5"' day of August, 2004, I Paul Bradford On-, Esquire, attorney for Anthony D'Alessandro, Plaintiff, in the above captioned action, hereby swear that I have served a true copy of the Civil Complaint, executed by the Plaintiff in the abovacaptioned matter, upon the Defendant's agent, Mid Penn Legal Services by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by the Defendant's Agent, Masaro Quick on August 2, 2004 indicating service was effected, is marked Exhibit "A", attached hereto and made a prt hereof. Dated: 50 East High Street Carlisle, PA 17013 (717) 258.8_958 I.D. # 71786 EXHIBIT "A" ?; -„ r A ';'; ?? .viS'? ? ?.;,Sij ?' i? `v ? S `;`, r ?? Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor og - a 19 W CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573