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HomeMy WebLinkAbout10-4479f. COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT CUMBERLAND COUNTY COMMON PLEAS No. 10. 4y79 Civzmn' 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 mentioned below LARRY WILKINSON and JOSEY WALLAK c/o John J. Baranski, Jr. 17 East Market Street 92-2-02 PA 17401 June 10, 2010 (HOUSING AUTHORITY OF aM3ERLAND CTY vs LARRY WILKINSON and CV 20 LT 20 121-10 (Money Tirlgrent) John J. This block will be signed ONLY when this notation is required under Pa. R CPJP. Na 1008L This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Baranski, Jr., If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District justice, he MUST FILE A COMPLAINT within twenty (20) days after lure of P?orhonorary or Deputy filing his 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.J.P. No. 1001(7) in action before DisOryct Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon HOUSING AUTHORITY OF CUMBERLAND COUNTY , appellee(s), to file a complaint in. this appeal //?? Name of agoeNee(s) (Common Pleas Na _?D -X14?9 0-;%i [ -rArm ) within twenty (20) days after sere' or suffer a of judgment of non pros. RULE: To HOUSING AUTHORITY OF CUMBERLAND CTY appd*s? Nerve of aigoeN9e(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 WILL BE ENTERED AGAINST YOU. (3) The data of service of this rule if service was by mail is the date of mailing. Dale: JULd . 20!'__ . Srpveaie of Pm#wnoiwy or 17** AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY 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) COMMON WEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear of affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date, of service) ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appelle, (name) on , 20 ? by personal service ? 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 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 afBant Signature of official before whom affidavit was made Title of official My commission expires on 20 /.9L fihr *p hesm° *V AUV..,vd SL'O 90 -Z NJ L- Inr OIQZ ONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND May. Dist. No.. 09-2-02 MDJ Name: Hon. JESSICA BREWBAKER Address 18 N HANOVER ST STE 106 CARLISLE,' PA Telephone. 17.17.) 240-6564 170,1.3- JOSEY WALLAK 17 E MARKET ST %BLAKEY,YOST,BUPP& RAUSCH YORK,' PA 17401 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEA-SE NAMd AD SS -? HHOUSING AUTHORITY OFc UNS CT 60 W PENN ST ?- CARLISLE, PA 17013 '.' L i- ! J VS r r.. DEFENDANT: NAttand ADDR FW- ILKINSON, LARRY, ET' ' 17 E MARKET ST z %BLAKEY,YOST,BUPP& RABSCH ? LYORK, PA 17401 J ` Docket No.: LT-0000121-10 Date Filed: 5/26/10 y - THIS IS TO NOTIFY YOU THAT: Judgment: FOR P .ArNTrgF _._ .4 ->-_ x ` 'Judgment was entered -for. (Name1--HOUSING AUTHORITY OF COMB CTY Judgment was entered against WILKINSON, LARRY in a CX] Landlord/Tenant action in the amount of $ 1, 480.00 on _ 6/10/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 372.00. The total amount of the Security Deposit is $ 354.00 Total Amount Established b MDJ Less • Security Deposit Applied Adjudicated Amount Rent in. Arrears $ 177.00 - $ .00= $ 1,277.00 Physical Damages Leasehold Property $ . 00 - $ . 00= $ . 00 Damages/Unjust Detention $ No - $ no= $ -nn Less Amt Due Defendant from Cross Complaint - $ 0 f Interest (if provided by lease) $ no UT Judgment Amount $ 11-277-00 ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 $ 1414 - -00 a Attorney Fees $ 7 0 . ? [1 ? This case dismissed without prejudice. Total Judgment 1•480.00 $ P Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 0 Possession granted if money judgment is no satisfied by time o eviction. ? Possession not granted. Defendants are jointly and severally liable. 71T AN-ACTION INVOLVING' A RESIDENTIAL: LEASE, ATIY PARTY-H'AS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN"' i 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 SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF, COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY INARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR _SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARD G THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLV R DENT L LJE. THE PARTY HAS 30 DAYS AFTER THE DATE OF. ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPE TJ I E P TARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMEN /IRA IPT FORM THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL. PROCEDURE FORMAGISTERIAL DISTRICT JUDGEHE 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, t SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. John 10 Date `CGI l.? Ma ce I y t t This is a true an core ct opy o the record o Me-proceedings containing the ju g Date Mag My commission expires first Monday of January, 2012• SEAL AO C315A-08 Istenal District J ment. rial District Judge FILED t r ,; 2010 JUL -7 Fri 2: U6 CUP,?;?fi_:: COMMONWEALTH OF PENNSYLVANIA COUNTY nP CUMBERLANTI May. Dist. No. 09-2-02 MDJ Name. Hon. JESSICA BREWBAKER Address. 18 N. HANOVER ST STE 106 CARLISLE, PA Telephone :(717) 240-6564 : 17013 JOSEY WALLAK 17 E MARKET ST °sBLAKT , YOST, BUPP& YORK, PA 17401 JUN 112010 NOTICE OF JUDGMENT/TRANSCRIPT ,.PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FHOUSING AUTHORITY OF CUMB CTY 60 W PENN ST CARLISLE, PA 17013 L J VS. DEFENDANT: - NAME and ADDRESS rWILKINSON, LARRY, ET AL. 7 17 E MARKET ST %BLAKEY,YOST,BUPP& BAUSCH" LYORK, PA 17401 J Docket No.: LT-0000121-10 BAUSCH Date Filed: 5/26/10 THIS IS TO NOTIFY YOU THAT: Judgment: FOR?ArrF X Judgment was entered for: - (Name) HOUSING AUTHORITY OF CIIMB CTY Judgment was, entered against WALLAK, JOSEY in a Landlord/Tenant action in the amount of $ 1, 480.00 on 6/10/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 372.00. The total amount of the Security Deposit is $ 354.00 Total A t E mown stabllshed byY MDJ `ess • Security Deposit Applied= Rent in Arrears $ 11 x77.0 -$ 00= Adjudicated Amount 1 277 Ph sical Dam e Le . $ , .00 y ag s asehold Property $ . 00-$ 00= $ 00 Damages/Unjust Detention $ . 00 -$ = . 00 $ 0o Less Amt Due Defendant from Cross Complaint - $ 00 Interest (if provided by lease) $ 0n ? Attachment Prohibited/ L/T Judgment Amount $ , 277 00 42 Pa.C.S. § 8127 Judgment Costs $ 1 00 This case dismis d with d Attorney Fees $ 70 00 se out preju ice. Total Judgment $ 1,480.00 ? Possession granted. 0 Possession granted if money judgment i ? Possession not granted. Defendants are jointly and severally liable. [AIM 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 PROTHONOTARY/CLERK 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 Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARD G THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVITM-" DENTIA L ,THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAIL VOT EP }T TARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. f-° THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRAN IPT FORM WI'TIH THE 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 ?J"_CGL C ? , Magisterial District Judge ce I y t at t Is is a true an Corr ct opy o t e record o the procee Ings conta?rnng 7 the ju gment. Date Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AO P(' 315A-08 Post Judgment Credits Post Judgment Costs Certified Judgment Total F;LrL-1?, }r 'r P4y; ry 2010 AL -7 ri 2: ub CUl . t ?!;wTy . ~ , '~ .~'_ F{'~t~t r '' F 2010 Jib. 15 ~~~i ~:~ 22 ~Y , ..:~. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO Fi~~~ 17n INT .(This proof of service MUST BE FILED WITHIN TEN (70) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMON WEALTH OF PENNSYLVANIA couNTY OF .YORK ; ss AFFIDAVIT: I hereby swear of affirm that I served ~ a ^copy of the Notice of Appeal, Common Pleas No. 10-.447;9 _ ,upon the District Justice designated therein on (date of service) July 14 , " 201.10 ^ by personal service 6~ by (certified) (mod) mail, sender's receipt'attathed hereto, and upon the appalls, (name) , on .T„ 1 ~r 1 a , 20 ~_ ^ by personal service ~7 by (certified) (rte) mail, sender's receipt atta ed hereto. ~ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on July 14 , 2010 ^ by personal service f]t by (certified) ~pi,~d) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 14th DAY F Ju ~ , 20~_ ~~ ~ ,,,,~ .f ti ~,,,~ _ ~ NO.1'mc~' aralegal Signature of affiant Signature f officialbefore whom affidavit was made Trtle of o vial My commission expires on , 20 COMMOhfWEALTH OF PENNSYLVANAI NOl'XRIAL SEAL - ILEEN S. KRONE, Notary Public Co~c~~ oun .! ,~. ~ ~ ~ ~ ~ ~~~., O Q' Postage ~ $ Certified Fee p X~ ~ ~ ~/ ~ 0 Return Receipt Fee Postmark Here (Endorsement Required) O Restricted Delivery Fee ~ (Endorsement Required) 14 10 7 ~ - - ~ Total Postage & Fees ~ n/L f1.1 J ~ ~-. Sent To o D. J. Jessica Brewbaker o shear-, npr: ivo:; "-'--18 IV Hanover St , Suite 106 ~ or PO Box No. ciry's~ra: ziP+a ---~r~is~e-;---pA -•--}7413----------------------- :,. ~ .,- ,- (Domestic Mail C .. For delivery Inform; O D"' Postage $ Certified Fee ~ ~ Retum Receipt Fee O (Endorsement Required) Restricted Delivery Fee ~ (Endorsement Required) Postmark Here 7-14-10 ~ Total Postage 8 Fees $ ~ :~ rlJ Q.. Sent To o - Housing__Auth_of__C>runberland__Count p Sheet,Apt~No.; 60 West Penn Street ~ or PO Box No. city siaie,-Z1~4 ----~CBY-1i~2~; --pA----2?023--------------------- :rr ~~. -- - ----F t~: `„ -~,~. ~_ ~_ - - ~.,..n.. _..;a~.....,,„_ _ ' ~ r""r. u.u~:.,:'~„aa .~ ,.. Ada M. ~ .ui~ ~ .~.:~ -•_ _ . " , r:y, ...=_....;:aa,;.a'.~.p,.r~ COMMONWEALTM Of PENNSYLVANIA NOTICE OF APPEAL COURT Of COMMON PLEAS FROM JUDICIAL DISTRICT ~•~- DISTRICT JUSTICE JUDGMENT CUI~'r,'~:R? ANB f~~:~?LJ1'~TY . _ COMMON PLEAS Ns ~ (J .. ~~ ~ _/ (,,1\/t I Te rw1 NOTICE OF APPEAL Notice is given that the appellant hos filed in the above Court of Common. Pleas an appeal-from the judgmert rendered by the'District Justice on the date and in the case melMionsd below LARRY WILKINSON and JOSEY WALLAK c/a John J. Baranski, Jr., 17 East Market Street York 92-2-A2 PA %"-'i ~~~7401 June 10, 2010 _ __~ HOUSING AUTHORITY OF CUMBERI,ANll CTY ~ LARRY WILKINSON and ,~ _ ~,. a1 t ~. ,: ./. ,,, ~ T ,20` -1 J t,) _ , , John J . ~'~aranski ; L Jr . , Esqu This block wi''N be signed ONLY when this ~nqt, 'o Lis n3quin~ undec.,{Pa R:CPJP. Na /f app~/(ant uwaS},~L~U~NT (See Pa. R.C.P.J.P. No. 10088. J'• ThisrNpti~of Appeal, wkten roceived by the District. Mice, will opener a~~ q ~, 1001(6) in aCflO/T befOllE' DIStllct Jtastice, he MUST SUPERSEDERS ro the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE. of APPEAL of Prothonotary a Deputy ., . _. , . ...._- -` R"d Ip E ~ LE TO FILE COMPLAINT AND RU~:TQ ILE; '` .(This section of lam to be used ONLY when appellant was DEFENDANT (see I'a. R.CPJ.P. No: 1001 r7) in action belbie Distrkt JusttCe. ~ MOT USED, detach from copy of notice of appeal to lie served upon. appellee). • 4 PRAECIPE: To Prothonotary Enter ~ ~+Por+ :HOUSING AUTHORITY OF CI~IBERLAND OOtJNTY , appsMee(s~, ro fie a cornpbim in 1Frs appal Name d apperbets) (Corrrran Pleas Plo, l D ' l-l y ?9 ~ wi t .Term ).within twer-ty (20) days after serve or suffer of judgrnerlt of non pros. _.__-- RUL6t.. To HOUSING AUTHORITY OF CUMBERLAND CTY ~ aPP~els) Rlsme d appsAhefsl '~l O hereby enterod upon you to file a complaint in this appeal within twenty (20) Boys after the dote of ~ 1 You aIS notified fhct a rule is .f service of this,rule upon frou by persorwl service a by certified or rogistered mad. .~ j2) ff.you do not f~ik-6 carnplaint within the time, a JUDCsMENT OF NON PROS WILL BE ENTERED AGANVST YOU. '-~j TFle.doleiof, s~rvioi of fhis nrle if service was by mI~ is the dale of maEing. .~, _ T 8 ~1. t ' f ~: - s `~ ~© ,p ~ ,,„~, ~` S~M/if d PIOMOrIOrry Cr OplMp ~oPC ail-ao COURT FILE