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Home My WebLink About10-5189r..i COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 10 _ 5718? O t VI 1 Term 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. IN vs L-T t.rnoua(k- to I This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the Wdament for possession in this case. was WWment (see before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FIFE 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 ?, ..` Qt_S appellee(s), to file a complaint in this appeal ?1 P?c Nano of aAftff"(S) (Common Pleas No. 51&9 0'1Vil -m ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Q S ?'oF A '4 10 t-af-neyaagarN RULE: To .,>cf x t ;n?:6 I pellee(s) Named 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 (3) The date of service of this rule if service was by mail is the date of the mailing. Date: A , 20M i YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT 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 L PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST 8E FILED IMTHIN TEN (10) DAYS AFTER Sling of the notice of appeal. Chick 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 official before whom aB4davit was made Tifle of official My commission expires on 20 Signature Ofaffiant ! /1 hS'-£ tMd n :,? _m 6- nnv ow ell-I COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-3-04. THOMAS_ A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG,.PA Telephone:. (717 ) 761-8230 17050 AMY DEVINS 90 SALEM CHURCH LOT 516 MECHANICSBURG, NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE F E PLAINTI F: FSALEM ACRES/SIX LINKS MHP 155 SALEM CHURCH RD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS AMY r-DEVINS , 90 SALEM CHURCH RD LOT 516 LMECHANICSBURG, PA 17050 J RD Docket No.: LT-0000428-10 Date Filed: 7/15/10 PA 17050 4 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF -` I X Judgment was entered for: (Name) SALEM ACRES/SIX LINK, S MHP - Judgment was entered against DEVINS, ANY in a Fx l Landlord/Tenant action in the amount of $ 1, 027.50 on 7/29/10 (Date of Judgment) The amount of rent per month, as establis hed by the Magisterial District Judge, is $ 390 .00. The total amount of the Security Deposit. is $ 99.00 Total Amount Established b MDJ Less -Security Deposit Applied y 0 Adjudicated Amount 7 0 00 Rent in Arrears $ 180. 0 - .00= . $ 8 Physical Damages Leasehold Property $ .00 -$ .00= `$ .00 Damages/Unjust Detention $ - 00 - $ -no= $ -nn Less Amt Due Defendant from Cross Complaint - $ _ 00 Interest (if provided by lease) $ 120.00 L/T Judgment Amount $ 900 - 00 Attachment Prohibited/ Judgment Costs $ 127.50 42 Pa.C.S. § 8127 Attorney Fees $ -00 This case dismissed without prejudice. Total Judgment $ 1,027.50 Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ F Possession granted if money judgment is no satisfied by time o 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 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 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 JUDGMENT/TRANSCRIPT FORM WITH 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 MAYBE 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 Magisterial District ;fudge Ictl y that this is a true an r cor o Ings containing the }u gment. 7ML A) Date Magisterial District Judge My commission expires first Monday of January, 2016 SEAL AO? r 315A-08 p--040- RECEIPT FOR PAYMENT Cumberland Count yy Prothonotary's Office Carlisle, Pa 17013 Receipt Date Receipt Time Receipt No. ,._,yglur..: 8/09/2.0-1 16: 0 0 4420- 2 4 6 4'6"CY ' 1 -riYw L` SALEM ACRES/SIX LINKS MHP (VS) DEVINS AMY Case Number 2010-05189 Received of DEFT PD CASH DKB Total Non-Cash..... + .00 Total Cash......... + 780.00 Change ............. - 00 Receipt total...... _ $780.00 ------------------------ Distribution Of Payment -------------------------- H Transaction Description Payment Amount RENT 780.00 PROTHONOTARY ESCROW +- $780.00 F•-««. i r_n1uMnNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of COMMON PLEAS No. -_ j R9 v 11 Term 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. 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 posselon in this case. or vs NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT was C40imant (see Pa. R. in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FII°E 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 appellee(s), to file a complaint in this appeal Name of appeUee(s) /f`j (Common Pleas No. jl j ?t2 t.r I V I within twenty (20) days after service of rule or suffer entry of judgment of non pros. USignature of appellant or attorney or agent RULE: To raRpellee(s) Name of 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. n %"!' q"'hr ,r,,,,- "' A (2) If you,db not file acompla nt within this time, a JUDGMENT OF NON PROS MAY '?? A?IST XOU. s?n" of this rule if service was by mail is the date of the mailing. (3 . Thd date of b Date YOU MUST?IFIGLiJbi A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT 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 J010AU x 9 rM 3 sa 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 ?-?/8q , upon the District Justice designated therein on (date of service) ?. 20 51 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name), on 20?_ IYJ by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORNrr LAFFIRMED) AND UBSC iBED BEFORME THIS -' DAY OF a s 20 Signatu a of official befor ham a avit was made 17, A' a 3 b*( Signature of alfiant T T 3 Yx Title of official My commission expires on JuA&A.: - _s t P IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY DYE and SUSAN DYE d/b/a. SALEM ACRES/SIXLINKS MHP Plaintiffs VS. AMY DEVINS Defendant : No. 10- 5189 Civil Term : CIVIL ACTION IMPORTANT NOTICE Cl C= r? C= o° -? ? z cnr- X - o , > C ca C 4 c.n You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days (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 proceed without you by the court without further notice for any money 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 A IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY DYE and SUSAN DYE d/b/a. SALEM ACRES/SIXLINKS MHP Plaintiffs Vs. AMY DEVINS Defendant No. 10- 5189 Civil Term CIVIL ACTION COMPLAINT And now this 1" day of December, 2010, comes Plaintiff, Stanley Dye and Susan Dye, d/b/a Salem Acres/Six Links MHP, by and through their attorney, Joseph D. Buckley, Esquire and complaints of Defendant as follows: Parties and Background 1. Plaintiffs are the owners of property located on Salem Church Road, Mechanicsburg, Cumberland County, PA 17055. 2. Plaintiffs operate a Mobile Home Park with the name Salem Acres/Six Links MHP at the said property location and lease lots to owners of mobile homes. 3. Defendant is the owner of a mobile home which is currently located at 20 Salem Church Road, Lot 516, Mechanicsburg, Pa 17055 4. Defendant leases the Lot from Plaintiffs for a rent of $380.00 per month. 5. Defendant has refused to pay rent and is delinquent for the months of May, June, July August, September and October 2010. I 6. Defendant agreed to pay late fees and in the amount of $40.00 per month for any payment not received by Plaintiffs by the 5t" day of the month when Lot rent is due and owing. 7. Past due and current rent is accumulating together with additional late fees. 8. Defendant is in breach of her lease with Plaintiffs. 9. Plaintiffs are entitled to the past due rent, current due rent together with appropriate late fees. 10. Plaintiffs are entitled to possession. WHEREFORE, Plaintiffs pray for a judgment of possession together with a money judgment against Defendant in an amount equal to all past due and current rent, late fees, interest and costs of this action, said amount which is less than fifty thousand dollars. Respectfully submitted, h-D. -Buckley, Esquire Attorney for the Plaintiff Pa. 1. D. No. 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLawgaol.com I VERIFICATION We, Stanley E. Dye and Susan N. Dye, Plaintiffs in this matter, hereby certify that the statements made in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. It is understood that statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 0 STANLEY Dy J 4?5-' 4-e? SUSAN DYE IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY DYE and SUSAN DYE d/b/a. SALEM ACRES/SIXLINKS MHP Plaintiffs vs. No. 10- 5189 Civil Term AMY DEVINS CIVIL ACTION Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Complaint was duly served this date by United States First-Class Mail, postage prepaid upon the following persons or entities: Amy Devins 20 Salem Church Road Lot #516 Mechanicsburg, PA 17055 Date: December 1, 2010 I XLLV1111iy LV1 1,111. 1 1a111L111 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 Supreme Court ID No. 38444 CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Dat--: 04/25 212 * 2145 Case No. Defendant Descriptions Amt Released Receipt 10-05189 SALES ACRES/SIX LINKS MHP RENT 780.00 246460 C* a T: msg. co Check Amount: 780.00 INFOCON CORPORATION[L1558HBI 3385603 David D. Buell ORRSTOWN BANK SHIPPENSBURG, PA CUMBERIL4,ND COUNTY PROTHONOTARY OFFICE 60-15031313 GENERAL FUND I COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17015 U N CHECK DATE CHECK NUMBER PAY THIS AMOUNT o 04/26/2012 2145 $780,00 0 m a Seven Hundred Eighty And 00/100 Dollars TO THE ORDER OF DYE STANLEY AND SUSAN 2010-5189 0 )1' AUTHORIZED SIGNATU 112002L451" 1:03L3L503D: L08 LLLL7L11' lSl00404262012 PYS380 Costs & Fees Tran Payee Name - Ref Date Desc DYE STANLEY AND SUSAN RENT 8/09/2010 PYMT/CASH Cumberland County Prothonotary's Office Check Register Receipt Case Trans Check Check No No Amount Date No 246460 10-OS189 780.00 04/26/2012 2145 Total Amount Released Page: Check Amount 780.00 ** 780.00 -----------------------------------End of Listing ----------------------------------------------------------------------- f IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY DYE and SUSAN DYE d/b/a. SALEM ACRES/SIX LINKS MHP Plaintiffs vs. No. 10- 5189 Civil Term AMY DEVINS CIVIL ACTION Defendant LANDLORD/TENANT ORDER y of C1'? , 2012, upon review of the parties' 4 AND NOW, this ,,?a Petition to Release Funds held by the Prothonotary, and the Agreement between the parties )it is hereby ORDERED and DECREED that the moneys paid to Prothonotary by Defendant Amy Devins for rent owed to Stanley Dye and Susan Dye, the plaintiffs herein) shall be released to the plaintiffs. BY THE COURT J. t 3"7 hz"L&, ,Y4 )? 7'13 - Y3 nw zmrn zx r- C' Saw `0 7-0 N cn n.