HomeMy WebLinkAbout11-4549COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
MDJ-09-2-01 FROM
Judicial District, County Of Cumberland
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. II -g5V1 0;Vi 1 Tsrm
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 - MAG. DIST. NO. NAME OF D.J.
Lauren E. Noss and Nathanial Noss MDJ-09-2-01 Paula P. Correal
F JUDGMENT IN THE CASE OF (Plaints
4/25/11 George Ati
Carlisle
VS Lauren E. Noss and Nathanial Noss
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 possession in this case.
PA
17013
T OR ATTORNEY OR AGENT
Douglas G. Miller, Esq.
ylr ,dM Irwin & McKnight, P.C.
If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Signature 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. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon George Atiyeh
Name of appellee(s)
(Common Pleas No. 11-L 599 ?,?yil-??nn ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant
I
RULE: To George Atiyeh , appellee(s) or attorney or agent
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.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: Ma 2011
- - y a-- -
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
appellee(s), to file a complaint in this appeal
COURT FILE TO BE FILED WITH PROTHONOTARY
f LED-OiFigE
OF T? PROTHONOTARY
1411 HAY 23 PM 4` 04
A IY hN?A TY
PROOF OF SERVICE NOTICE APPEAL AND RULE TO FILE COMPLAINT
(This proof of servi.°a MUS- E FILED WITHIN, 1-64 f10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
OMMONWEALT?
AFFIDAVIT, i hereby --ear) (nt*irm) that 1 serve,'
a co V . , N::: ;tppeai, C No. upon the District Justice designated therein on
v by personal service Lj by (certified) (registered) mail,
3° eiched hereto, and Upon the appellee, (narne) car,
E U by personal service [ by (certified) (registered) mail,
(SWORN) (AF=F IRMEb! ME
THIS CLAY OF
Signature of affJart
Signature of official before whom affidavit was made
Title of official
My commission expires an
P3 12 L.9 o
QLQk .0
A4W (rd .9016t
AUPC 3122 - 02
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript
COUNTY OF CUMBERLAND
Residential Lease
Mag. Dist. No: MDJ-09-2-01
MDJ Name: Honorable Paula P. Correal
Address: 2260 Spring Road, Suite 3
Carlisle, PA 17013
Telephone: 717-218-5250
Lauren E. Noss
11 Parker Spring Ave.
Carlisle, PA 17013
Disposition Details
Grant possession.
Grant possession if money judgment is not satisfied by the time of eviction.
George Atiyeh
V.
Lauren E. Noss, Nathanial Noss
Docket No: MJ-09201-LT-0000024-2011
Case Filed: 4/6/2011
Yes
No
Lauren E. Noss
Wage attachment is prohibited due to lack of personal service. No
Wage attachment is prohibited under Title 42 Section 8127
. No
Nathanial Noss
Wage attachment is prohibited due to lack of personal service. No '
Wage attachment is prohibited under Title 42 Section 8127
. No
Disposition Summary
Docket No Plaintiff Defendant
MJ-09201-LT-0000024-2011 George Atiyeh Disposition Disposition Date
Lauren E. Noss
MJ-09201-LT-0000024-2011 George Atiyeh Nathanial Noss Judgment for Plaintiff
Judgment for Plaintiff 04/25/201'
'
Judgment Summary Joint/Several Liability Individual Liability 04/25/201
Amount
Participant
Lauren E. Noss $3,781.65 $0:00 $3
781
65
Nathanial Noss $3,781.65 $0.00 ,
.
$3,781.65
Judgment Detail ('Post Judgment)
In the matter of George Atiyeh vs. Lauren E. Noss; Nathanial Noss on 4/25/2011 the disposition is Judgment for Plaintiff
d
was awarded as follows: an
judgment
The amount of rent per month, as established by the Magisterial District Judge, is $1,100.00
- Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Rent in Arrears $3,600.00 $0.00
$3
600
00
Filing Fees $181.65
$0.00 ,
.
$181.65
Grand Total: $3,781.65
Portion ofjudment arising out of residential lease: $0.00
Amount of judgment subject to attachment 4 2 PA C.S. 8127: $0.00
MDJS 315A Page 1 of 2
Printed: 04/2512011 3:34:27PM
George Atiyeh
V.
Lauren E. Noss, Nathanial Noss
Docket No.: MJ-09201 -LT-0000024-201 1
IN AN ACTION INVOLVING A RESIDENTIAL CEASE, 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
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. 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 ONLY TO APPEAL 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 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 Magisterial District Judge Paula P. Correal
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge Paula P. Correal
*Comment:
Insufficient evidence to allow further credit to defendant for work done on property. Since first and last
month rent paid up front, I am considering $1,100.00 to be security deposit. After Defendants vacate
property Landlord can inspect for any damages and use the $1,100.00 to offset some. If no damages
this can also be used for any unpaid rent still owed.
MDJS 315A Page 2 of 2 Printed: 04/25/2011 3:34:27PM
FILED-OFFICE
OF THE PROTHONOTARY
2011 MAY 26 PM 3: 15
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Notarial Seal
Martha L. Noel, Notary Public
Carlisle Boro, Cumberland Cour
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-Vow UUMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
t T-09 -2--01
Judicial District, County Of t;uizs.e r x':?
NOTICE OF APPEAL
FROM
I DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 1 - y I vl 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.
nos ur ArrCL. N i I MAG DIST. NO I NAME OF D .J.
i':11Y'ET E. tJuS an ai12w?T.1.1al Nos,_ ..Ld ti. P. kCEtZ`
PA
DATE OF JUDGMENT IN THE CASE OF (PlatntM (Defendant)'
4/25/1-1 George At tye1`< V8 Daumri E. Nos.- end athaiaia,' No:,.
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10086.
This Notice of Appeal, when receivd*by the District Justice, will operate as a
. SUPERSEDEAS to the judgment for possession in this case.
?- .?° /V&
was Claimant (see Pa. R.
it
D(-,ugl.as C. Mi :1lt
2,bw3TT & L'k(;liTsAgbr_,, P.C.
P.D.J. No. 1001(6) in
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Signature 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. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Georg; Atiyeh appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ? i _ L/+s'?i+Q &II /T'E.,rto ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of apps lant or attorney or agent
RULE: To George Atiyeh , appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby enured 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 YOU.
t
(3) The date pf service of this rule if service was byTnail is the date of the mailing.
Date: 20
Q t +
n? --- - -
y J,3 S of Pr Aonot ry or
?. J3lcc.Cr?
YOU MUST INCLUDE A COPY OF THE NOTWE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
Co"T !MILE
GEORGE ATIYEH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. : 2011-4549 CIVIL TERM
LAUREN E. NOSS and : CIVIL ACTION - LAW C._
NATHANIAL NOSS, -,
Defendants : JURY TRIAL DEMANDED mm
(f.
STATEMENT OF INTENTION TO PROCEED <.
W —' ,
TO THE COURT:
Defendants intends to proceed with the above -captioned matter.
Respectfully submitted,
October 22, 2014
By:
IRWIN & McKNIGHT, P.C.
?
Douglas G1 iller, Esquire
Supreme Court I.D. No: 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353