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Home My WebLink About04-3295· COM~IONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM D STR CT JUSTICE JUDGME,T COMMO, 'LEAS ,o. 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 IMAG. DIST. NO. NAME OF D.J ADDRESS OF APPELLANT CITY STATE DATE OF JUDGMENT I IN THE CASE OF (Plaintiff) (Defendant)' DOCKET NO. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10081~. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. ZIP CODE If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a D/strict Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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 D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ~-'/'~..~"~' (Common Pleas NO. ~ __pg~.~q /.y~ ~;~n,~ ~'/ ~'.~:~. appellee(s), to file a complaint in this appeal Name of appellee(s) ! dl L~L(, ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To '~",.~/.~/~-"'...~ Jx~/. J.L/~ ,/~ ~"~. , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to fi~e 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. Date: d~,~'(3) Thedateofserviceofthisruleifservicewasbymailisthedateofthemailing.? ,20~) ~.~..Z~.,,,~/").,4~ L~. S~f~ ~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL· AOPC 312-02 COURT FILE TO lie FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAIN1 GOMMQNWt~A Tii OF PEblNS¥1 VANIA COUhaTY OF s Ai~'FtgAVIT: I e~ ', (swea) iaffiri:) thd i sever 0 by persona s~vce [.j by (;e ~ifie(~i (!egkst~ r~-~d) mail (SWORN) (~*~FFtRMED) AND SUBSCRIBED 8EFOR~ Mt Tills DAY OF 2(1 My commission expires or 20 James W. Wolf Jr., Plaintiff, Matthew Mercer Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO.Ot4 -e]~°v$CIVIL TERM :Landord/Tenant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Matthew Mercer, Petitioner, to proceed in forma pauperis. L 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 Geoffi'ey M. Biringer, Attorney for Defendant 8 Irvine Row Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANtA ~COUNTY OF: ~ERIA~ID 09-2-01 PAULA P. COP/[EAL A~O~e~: i CO[FRTHOUSE SQUARE CARLISLE, PA (717) 240-6564 MATTHEW ME~CER 223 HILL STREET MT. HOLLY SPRINGS, THIS IS ~TO NOTIFY YOU THAT: Judgment: -- ~X~ Judgment was entered for: PA 17065 17013-0000 NOTICE OF JUDGMENT/TRANSCRIP'I PLAiNTIFf: RESIDENTIAL LEASE WOLF JAMES W 12 CODI~TRYSIDE DR ~LISLE, PA 17103 L - VS. DEFENDANT: NAME and ADORESS 223 HILL STREET ~. HOLLY SPRINGS, PA 17065 Docket No.: LT- 0000201 - 04 Date Filed: 6/15/04 FOR PT.~.IMTIFF (Name) WOLF G'R, J2L~S W Judgment was entered against ~CE~, t~'J~EW in a ~ Landlord/Tenant action in the amount of $ 637.63 on 6/28/04 , (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 490,00. The total amount of the Security Deposit is $ 490.00 Total Amount Established ~J. 01,,ess-SecuritYus Deposit ApEILed = Adjudicated.j~ou,~t,, Rent in Arrears $ -- .uu = $ ~,~:~. uu Physical Damages Leasehold Property Damages/Unjust Detention ~--] Attachment Prohibited/ 42 Pa.C.S. § 8127 ~ This caS~ dismissed Without prejudice. [] PossessT0n granted, $ .00-$ .0o = $ .oo $ .oo-$ .oo = $ Less Amt Due Defendant from Cross Complaint -- $ ,00 interest (if provided by lease) $ . O0 L/T Judgment Amount $ 545 - 00 Judgment Costs $ 9:2,63 Attorney Fees $ _ 00 Total Judgment $ 63 ?. 63 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ [~ Defendants are jointly and severally liable. Possession granted if money judgment is not satlst~ed by ttme et eviction. Possession not granted· 1 ~ertify that this is a true a~3d z;~or('ect ~o~py o(the re,cord o!'.!he p~roceedin"gs containing My commission expires first Monday of January-2006~ ~ 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 ORDEB TO OSTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARWCLERK 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 JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. 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 , , District Justice the judgment. , District Justice SEAL Fa Postage L~ Certified Fee ~ SentTo ~ ~ ) , ~~-~*~%~-~'~ ................. ~ ~ ~" ' ~'~d,~ F~ ~/~ " · =~l ~i . PEAL AND RULE TO FILE CO~PLAI~T (This proof of se~ice MUST BE FtLED WiTHiN TEN (fO) DA YS AFTER fifin~ of fl~e noi~ce of appeat Check applicab/e boxes-) COMMONWEALTH OF PENNSYLVAN!A COUNTY OF/~'~.,f.~;,~,.,..~4.J'~ ~..~"[..~ ;ss AFFIDAVIT: I hereby (swear) (affirm) that t served ~ a copy of the Notice of Appeal, Common Pleas No0~/'''~'')'' , upon the District Justice designated therein (date of sen/ice) '~///~ ,20~. r:; hype.cna, service ~by(oe~ified)(r¢,maiL sender s re~lpt a~ached h , P ¢ //¢ ¢' ' mai~ sender's receipt aAached hereto, (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF . 20 My commission expires on ,20 I verify that the statements ma~e in this affidavit are tru~ an~ correct. I un~erstan~ that false statements herein are ma~e subject to the penalties of 18 P.S. Section 4904 relating to unsworn falsifications to authorities. AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 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. FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~ ~ 'J ~' [~" NOTICE OF APPEAL ' · This block will be signed ONLY when this notation is required unde~a. 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. If appeflant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a Distdct Justice, A COMPLAINT MUST BE FILED within twenty (20) days affer filing the NOTICE of APPEAL. PRAECIPE TO E,NTER 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 ~-"/'f,,~/,EL"5 ~,~,/, /-.~//~/~' Name of appellee(s) (Common Pleas No.t,~,//,,.~~ ~ L~I' )within RULE: To ~-,.~/~,,~".,,..,~ ~,/~'. J/.~,~,~ / ~. (1) You ar~p~i~ ~h~t a ~e i~/~by entered upon you to ~e a complaint in this a eal withi~ of th,s rule up~'~by pe~onal seN~ ~r~y ce~ified or registered mail. PP - [~.nty (20)'days'aQ~the date of se~i~ (2) If ~ot file a"C0~p~ nt ~t~o t~ t me a JUDGMENT OF NON PROS MAY BE ENdeD AGA NST YOU. (3) T~tbof se~*~ this r~e if',s~ was by mail is the date of the mailin ;' ' " " Date ~ W ,~[[ '~ : ~ ~ ' YOU UST IN~.~.~F THE NOTICE OF JUDGMENT~SCRIPT FORM WITH THeE OF APPEAL. appellee(s), to file a complaint in this appeal twenty (20) days after service of rule or suffer entry of judgment of non pros. , appellee(s) AOPC 312-02 JAMES W.WOLF, JR Plaintiff Vs. MATTHEW W.MERCER: Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA No. 04-3295 Civil Term LANDLORD/TENANT PRAECIPE FOR JUDGMENT OF NON PROS To the Prothonotary: Matthew W. Mercer, Defendant in the above-captioned matter, hereby requests that a Judgment of Non Pros be entered against the Plaintiff, James W. Wolfe, Jr. for failure to file a Complaint within twenty (20) days from the date of service of the Rule to File a Complaint. Counsel for Defendant_further certifies that a Notice of Intent to Take a Default Judgment was mailed to the Plaintiff's address on July 30, 2004 and that ten(10) days have passed since the mailing (Notice attached hereto). Date: Attorney for Defendant MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 JAMES W.WOLF, JR Plaintiff Vs. MATTHEW W.MERCER: Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA No. 04-3295 Civil Term LANDLORD/TENANT To: James W. Wolf Jr, (Plaintiff) Date of Notice: ~7//~g) /5¢ IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT 1N THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Cumberland County Bar Association (Name of Office) _ 2 Liberty Avenue. Carlisle, PA (Address of Office) (717) 249-3166 ./ff~j(Telephone Numb.er) (Signature of ~efendant or Affomey) (Address) '