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HomeMy WebLinkAbout04-3603COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL NOTICE OF APPEAL FROM 7 d3-vy DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0'-/- 3 LO3 Lt w /Ti 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 I MAG. DIST. NO. I NAME OF D.J. ADDRESS OF APPELLA,4AMES 0. LOTT 1 09 A?701 IHON. CHARLESTAIk. CLEMENT JAPCODE 17 BAYVIEW COURT FRIENDSHIP ME 04547 DATE OF JUDGMENT IN THE,CASE OF (PMinfiln (Defentlenf)' 7-16-C4 REALTY SERVICE GROUP INC. JAMES 0. LOTT DOCKET NO. ? SIG ATURE OE APPE TO TTORNE OR AGENT LT. - 0000346-04 TTnn G?T-?? TTyy yy? yp TT? Tg7?? This block will be signed ONLY when this notation is required under Pa. Tf" I/anCiaas Talm n A see R. C. P.D9RNo 700 7?0cf,on R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (//?? y?r?' //?, • ' ,`^,''`?D'-? /t??'?J'??-'*?^/% (20) days after filing the NOTICE of APPEAL. / / Sgnefure o/PrOfhonofery wfOepu(y 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.O.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 REALTY SERVICE GROUP, INC. appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. 05-34 0 j ) within twenty (20) days after service of rule suffer ant of jud m nt of non pros. Cam- ES J. OMI LVnayubofg?peUal?t pr attorney or agent RULE: To REALTY SERVICE GROUP, INC. appellee(s) Name of appe/lee(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 MAYBE ENTERED AGAINST YOU. (3)) The date of service of this rule if service was by mail is the date of the mailing. n "` Date:?..J?,L._ 23 _.,200 Q ????,??z -- / - - -- -- -- Signature ofPro(honota& or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT' rst5rreefijf;,v?vi?x.tti7,r?>:-t3E;a?LL.'_?V'v,'tttV=`±=rv,?,r,.7hYc7f,r=lafifisq,rrh_?.t?c< ,,::7e:al. "'nec>??tttfr,r ,.xis; ;;t?i7'attt?UtVbVEAL ? l1 OF !'e-N?i YLJt?t?tir`=, C:OUMI` OP G4 AFFIDAV6r. ,_ _: r > r'+l,a ver-' A rc } of ;. *j4,, t / yy.6.e , .la,1Ur r?ca- Nu woo, V,D "IStY't vF S';a t<3Ted _ *iR :In r,4alr t rr-r:e! ZSJ - _. , t,. rrti:sa ;? ervice: .orvR. oiGa eyistr re 3=.na8, hr, ,,. a ;r7 w. , ..e; anpr r Pe rama; -. 2G i_ - by pursorlW sar x tS`tVORNi(ArFHf,/,- )P;ND :>itS ti;EtE: C=E?r'rrr,',': THIS OF 2`.. Signa(u?e o1 oYlcial befare rrnen? a Ivltylt t`f?Y C.OITifD!*v Pi 1;$pirt.S OP 20 , ^, _ V\ C 41 CP ,. Ilk -4 INS NOPC'.02A.C? rUL.20'2004 =E) 02:57 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mi9. D.91. No.'. 09-1-01 0.1 N5ma1 Non. CHARLES A. CLEMENT, 400 IDGE STREET OLDS OWNE COMMONS NEW CUMBERLAND, PA T61@pnona (717) 774-5989 JAMES O. LOTT 17 SAYVIBW COURT FRIENDSHIP, ME 04547 PAGE .2 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF, RESIDENTIAL LEASE lRSALTY SRRVICS GROUP,INC - 422 BRIDGE STREET NEW CUMBERLAND, PA 17070 JR. -SUITE 3 L DEFENDANT: 17070 FLOTT, JAMES 17 SAYVIEW FRIENDSHIP, J VS. NAME and ADDRESS O ? COURT ME 04547 L J ?DockelNo.: LT-0000346-04 Date Filed: 77/04 THIS IS TO NOTIFY YOU THAT: Judgment- _FPR PT,ATNTIgp ' - Ju gmen was bhlered far: (blame) RRALTY SERVICE GROUP, , INC Judgment was entered against LOT T, JAMBS O in a x Landlord/Tenant action in the amount of $ 1.315.50 on 7/16/04 (Date of Judgment) The amount of rent per month, as establis hed by the District Justice, is $ 1, up. 00. The total amount of the Security Deposit is $ .00 Total Amount Establish egd bb ppJ Less Security Deposit Ap liQd = 2 1 Rent in Arrears 0 - ?ig = Adjudloated ggountt 1 221 00 $ . $ . $ , . Physical Damages Leasehold Property $_ .011- .00 = $ .00 Damages/Unjust Detention $ 1 -00- .00 $ -00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ -00 Attachment Prohibited/ VT Judgment Amount Judgment Costs $ $ 1,221.012 42 Pa.C.S. § 8127 Attorney Fees $ 94.50 00 This case dismissed without prejudice. Total Judgment $ . 1,315.50 Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Possession granted if money judgment is not saosfied by time or eviction, ? Possession not granted. 0 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 FILINO 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. 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/TRANSCR15F, OM;Wi*g THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES IJUDGEN7 HOLDER ELECTS TO ENTER THE JUDGMENT IN T14@ COURT OF COMMON PLEAS, ALL FURTHER PROCESS. °.FrR_ OM FIFFPOURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. Z, . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTEREePY IAI TrWE.-z; oQM 17 MAY:FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT D N;P.PY91 4ETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. < 1 J U L 16 200, ate . r?yr 7lstnct Justice I certify that this is a true and correct copy of the recordof the proceeigs containing the ludgl at. Date ,District Justice My_commission expires first Monday Of January, 2 008. SEAL • MAILING ADDRESS Box 3165 Harrisburg, , Harrisburg, PA 17105 • GENERAL OFFICE 30 Hunter Lane RITE AID Corporation Camp Hill, PA 17011 e (717) 761-2633 f ' Direct Dial (717) 214-8884 tlandisC?+lriteaid.com July 22, 2004 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse 5quare Carlisle, PA 17013 Re: Notice of Appeal from District Justice Judgment LT-0000346-04 Dear 5ir/Madam: Enclosed please find for filing a Notice of Appeal from District Justice Judgment. Additionally enclosed are a copy of the Notice of Judgment/Transcript - Residential Lease, Cashier's Check for filing fee in the amount of $55.25, and a Cashier's Check in the amount of $1,315.50 representing the required deposit of rent in arrears in this matter. Please return the time Stamped copies to me in the enclosed, self- addressed, stamped envelope. If you have any questions, please do not hesitate to contact me. Very truly yours, i r cc: James 0. Lott enclosure WOMV0G ass PM Ss U,ITGTION.LEC LANDISgvImwpd ITE AID Lan Tracy L. for for James J. Comitale, Esquire r7 N O O C. © r -n r. G 7 r cn , , v C t ? ??n (,?? uYb 41 ` { T A7 Q1 ---------- ---- PROOF OF SERVICE OF NOME OF APPEAL AND RULE TO FILE- COMP LAMT (?t„sprcc,-rf,y4priceMUSTB'EFtL1cDYJTMNIFN('10,OPAS. F-' r fihnyOf 00,,Ut"ce;ra,?pc.+i _?}n rr.Im'o".i COMMONWEAL" 'i OF PEN, S I-lt ANi j L OUNIT`f rX umbtrf ark AFFIDAVIT: 1 hereby (swear; (affirm) that i serried ?J a Cory of the Nonce Of Appeal. UWr 10n Pleas Nrr?V/%-!!?.a the Dis? r:+ J,rsTSe 'r a:r4rec? Ir a r=iri fir Ul !1(P 2004, ; erson si ^ertti:.,e uy ;corn c r 'ec±(.a? F v?e? P;ea Inj SC rV i GL 6 1p Len(`U ,J . Y..Ihv dtjd;l iet? }IP(Pt{. J Ldp I'?t'peif E {r) I f'? -+U ly..2-? 20 ?_ ?_r by pu sot5,,? ?.erv :._) o?, to i,rdt r, e;sC ?n'aii. -anti re;ce;tA rtE r tcd he 1 {&A' IRN` AI if.MED) ANi r S BS t2i8`.D E?C.f E,ivSc ?/ TN[;J 'Ay Sigrafure ore fool batorn'Nhoxr a;td+ni± tres mo?Je BLICMBERLAND CO P.ty Pi I S 7/23/O7 im AUPC 312A -'J2 COURT OF COMMON PLEAS Judicial District, County of CUMBERLAND NOTICE OF APPEAL FROM 7- 23-ny DISTRICT JUSTICE JUDGMENT 1,_., _. COMMON PLEAS No. D y- j L03 C?.rr' 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. 17 BAYVIEW COURT FRIENDSHIP PCODE DATE OF JUDGMENT IN THE CASE OF (Plainfi/n ME 04547 7-16-04 Delentlanq' -R,ia<AS.TY-.SERV3C&=,GRGr#iF: .-JAM., O. 'L tt m DOCKET No. . ' -Y t;l LL - 0000346-04 SIG TURE OF APPE NT O TTORNE OR G NT This block will t igned ONLY when this notation is required under Pa. an wa alman R.C.P.D.J. No. 1 8B see a. P. J. No. 0 In ac ion . This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. n } (20) days after filing the NOTICE of APPEAL. 2t. puffy ?i fps I Sgnaf (ignure/ofPionrorrofeV-t h.?-.ry_ DepNy - 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 cenotice of appeal to be served upon appellee. PRAECIPE: To Prothonotary ' a Enter rule upon REALTY SERVICE GROUPr INC, a ppellee(s), to file a complaint in this appeal Name ofappellee(s) i. r... I k'x. (Common Pleas No. 3 G U 3 ) within twenty (20) days after service of rule suffer ant of jud in nt of non pros. A " Cam- aay??t ES J. OMI L ot!'"$'7attomeyoragen RULE: To REALTY SERVICE GROUP, INC, ,appellee(s) 3 Name ofeppsllee(s) „??xf yr..,r (1) You ago notified that a rule is hereby entered upon you to file a complaint in this appeal withm 2'0 ' of this rule upon you by personal service or by certified or registered mail. V .*y ( }k'er the date of service (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The da'$e of service of this rule if service was by mail is the date of the mailing. - ' Date: ?3 ,.200 y u tom. ?k. ,l 7y Wmuum o otaly or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORIkWff'H-THtS-N?OatTII 4O- APPEAL. ?).rr,,.r14YTFa .', f5AOPC 312-02 CWIT IF" ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, t or on the front 9 space permits. 1. Article Addressed to: i THE HONORABLE CHARLES A CLEMENT JR 400 BRIDGE STREET SUITE 3 NEW CUMBERLAND PA 17070 2. Article Number ?..,ooa (Transfer from service label) PS Form 3811, August 2001 ?. ,y„ •?• ? Agent 13 Addm B. R ei ed (Pnn[ed Name) C el .4 1 1%. JQrP D. Is slivery address different from Item 17 No If YES, enter delivery address below: I ewice Type S y i+J Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes ,-?'no ooup 5019 354 Domestic Return Receipt 102595-02-M-15 ¦ Complete items 1, 2, and 3. Also complete item 4 If Restriated Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: REALTY SERVICE GROUP INC 422 BRIDGE STREET NEW CUMBERLAND PA 17070 A. Signature ? Agent X 1 - j?-- ? Addre Receeiived by (Printed Name) C. B p ..r uIA1Bt8/L- D. Is delivery address different from Rem 1? If YES, enter delivery address below: ? No Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandis' ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number -700) aco oor (Transfer /rom:service lalfel) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1 REALTY SERVICES GROUP, INC., IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PA V. No. 04-3603 CIVIL TERM LANDLORD/TENANT APPEAL JAMES O. LOTT and SUSAN G. LOTT Husband and Wife, CIVIL ACTION - LAW Defendants MOTION TO RELEASE FUNDS PAID INTO COURT AND NOW, to wit, this day of August, 2004 comes the Defendants, James O. Lott and Susan G. Lott, through their counsel, James J. Comitale, Esquire, and states the following: 1. On or about July 23, 2004, Defendants filed a Notice of Appeal from District Justice Judgment with this Honorable Court. 2. As the matter involved a judgment regarding a residential lease;, Defendants were required to deposit with the Prothonotary the lesser of three months rent or the rent actually in arrears on the date the appeal was filed. 3. Defendants deposited the amount of $1,315.50 with the Prothonotary on or about July 23, 2004. 4. The parties have resolved the dispute at issue and are prepared to file with this Court a Praecipe to Withdraw and Discontinue Landlord/Tenant Complaint, a copy of which is marked "Exhibit A", attached hereto and incorporated by reference herein. 5. The parties have agreed that the funds paid into Court should be released to Plaintiff as part of the resolution of this action. WHEREFORE, Defendants respectfully request this Honorable Court issue an ORDER authorizing the Prothonotary of Cumberland County, Pennsylvania to release the amount of $1,315.50 to Elizabeth B. Stone, Counsel for Plaintiff. RE BY Harrisburg, Pennsylvania 17105 Sup. Ct. ID #59062 717-730-7715 Attorney for Defendants pd\com\REALTYSERVAPPLOTT REALTY SERVICES GROUP, INC., Plaintiff, V. JAMES O. LOTT and SUSAN G. LOTT, Husband and Wife, Defendants TO THE PROTHONOTARY: PRAECIPE TO WITHDRAW AND DISCONTINUE LANDLORD/TENANT COMPLAINT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3603 CIVIL TERM LANDLORD/TENANT APPEAL CIVIL ACTION - LAW Kindly mark the above captioned matter discontinued with prejudice, marking the matter settled, satisfied, and discontinued. Both parties set their signature hereto setting forth their agreement herein. By J m s J. P. 0. Box Ha sbur Sup. Ct. Telephone Attorneys - Vv %\v omitale, Esqui 165 PA 17015 59062 (717)730-7715 for Defendants E /abeth S one, Esquire PdE La VE & SHEKLETSKI OP .. Ct I #60251 414 :r. e Street New e and, PA 17070 Tel: o . (717) 774-7435 Attorryovs for Plaintiff -1- REALTY SERVICES GROUP, INC., Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 04-3603 CIVIL TERM LANDLORD/TENANT APPEAL JAMES O. LOTT and SUSAN G. LOTT CIVIL ACTION -LAW Husband and Wife, Defendants CERTIFICATE OF SERVICE I, James J. Comitale, counsel for Defendants, hereby certify that I served the following parties with copies of the Motion to Release Funds Paid into Court and Proposed Order pursuant to Pa.R.C.P 440 on the date written below. Service by First Class mail, postage prepaid to the following address: Elizabeth B. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 DATE: ??`tw \ \ 2 2° + RESPECTFULLY BY: X %-- Esquire PV.. Box. 3145 Harrisburg, Pennsylvania 17105 Sup. Ct. ID #59062 717-730--7715 Attorney for Defendants CV rP a= }.LEA= % ?3 4 ? ? -'J y i: (L ,?,x * rat w5 ~W O W N C1 rr i N r N tb i• w y r w r Ln O w O r r r I r ? 1r T3 Ln G -4 Fm An j O r? ?S a.,.e 0 eMi- v O r b S ao m = mm r3 w 0 N O O .P N W Y VI O J?$ w? c n m oC D nm m W po?om i M,0-2 my D?nSZ 0 00 vacmo 0 -;M40C aZ m K? A m cn a a 10164108302004 Cumberland County Prothonotary's Office Page PYS405 Manual Release Check Register 8/30/2 Escrow Tran Datc Distribution Case No Accounting Amount Date Rele? ------------------------------------------------------------------------------ 3867 REALTY SERVICES GROUP INC Check Date: 08/30/2004 Check No.: 14 RENT 2004-- 03603 PYMT/CHECK 1315.50 7/23/2004 Payee total: 1315.50 ------------------------------------------------------------------------------ Grand total: 1,315.50 REALTY SERVICES GROUP, INC., Plaintiff, V. JAMES O. LOTT and SUSAN G. LOTT Husband and Wife, Defendants AUG 24 2M ?,C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 04-3603 CIVIL TERM LANDLOI?D/TENANT APPEAL CIVIL ACTION - LAW . 413" AND NOW, this day of August, 2004, upon consideration of the foregoing Motion for Release of Funds Paid Into Court, it is hereby ORDERED AND DECREED that the Prothontotary of Cumberland County, Pennsylvania, be authorized to release; the bond amount of $1,315.50 to Elizabeth B. Stone, Esquire, Counsel for Plaintiff sS 7 r o"d (j L 1 C-c a r O S °o? U f 11 s' c °11 A b i Curtis R. Long Prothonotary Office of the Protbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n4 - 316.3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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 • F '