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Home My WebLink About11-4637COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of ours 101ar" NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. I - L4(037 C;Vl I 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. NAME OF ffiPPELLANT MAG. DIST. NO. NAM O D.J. ADggES F APPFLLANT ?,C?, / 7 b 7? STATE ZIP CODE ur,,c ,lv i I t m inr:u?aA!<./ C7 ! i i c?, oy < ??' ???d1 Z'-gyp (Dote -?6l1 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. If aooellant was in action 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 N/ C; d S appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. "_ L.I&7 L.:1VI 11rM ) within twenty (20) days after service e r uff ent of judgment of non pros. /? / h) ,/ 'nature of appellant or attorney or agent RULE: To ?"? L`" ` " I ?1 ? a 5-> appellee 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. (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: 201 DA T D :SU16,Cignat of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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 , 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 affiant Signature of official before whom affidavit was made Title of official my commission expires on 20 1 0 od gL'1bt ZZ 8 WV LZ AN 1101 X8V IM ?N if4i 30 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript q *- Residential Lease Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-774-5989 Nick Nichols V. Charles Lauck f Newe Ae 0t ['1010 Charles Lauck Docket No: MJ-091 01 -L-T-0000049-2011 219 Reno St Case Filed: 5/6/2011 New Cumberland, PA 17070 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Charles Lauck 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 Disposition Disposition Date MJ-09101-LT-0000049-2011 Nick Nichols Charles Lauck Judgment for Plaintiff 05/19/2011 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Charles Lauck $0.00 $769.00 $769.00 Judgment Detail (*PostJudgment) In the matter of Nick Nichols vs. Charles Lauck on 5/19/2011 the disposition is Judg ment for Plaintiff and judg ment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $650.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $650.00 $650.00 Costs $0.00 $119.00 $119.00 Grand Total: $769.00 Portion of judment for physical damages arising out of residential lease: $0.00 Amount of judgment subject to attachment 42 PA C.S. 8127: $769.00 MUJS 315A Page 1 of 2 Printed: 05/20/2011 10:08:57AM Nick Nichols V. Charles Lauck Docket No.: MJ-091 0 1 -LT-0000049-201 1 IN AN ACTION,INVOLVING A RESIDENTIAL LEASE, ANY PARTYHAS THE RIGHT TO APPEAL FROMA 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 PROTHONOTARYICLERK 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/O DEPOSITR 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO: 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF AJUDGMENT 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,JU GIliIENT. 1 5f 19 /1,11 Date Magisterial District Judge Charles A. Clement Jr. ? I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Charles A. Clement Jr. .. .. .. :: 7 7: MDJS 315A Page 2 of 2 Printed: 05/20/2011 10:08:57AM doj IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICK NICHOLS, Plaintiff VS. CHARLES LAUCK No. 11-4637 Civil Term Defendant C-n M I T1 -- P. ' CC= rn < - -{ CD ,,, - -.3 NOTICE 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 (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing a writing with the court stating 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 and a judgment may be entered against 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 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICK NICHOLS, vs. CHARLES LAUCK Plaintiff No. 11-4637 Civil Term Defendant AVISO USTED HA SIDO DEMANDADO/ A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veiente (2) digs despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionee a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted pued perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATEAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICK NICHOLS, Plaintiff VS. No. 11-4637 Civil Term CHARLES LAUCK Defendant COMPLAINT TO EJECT TENANT AND NOW COMES Plaintiff, Nick Nichols by and through his attorney, Shaun E. O'Toole, and files the within Complaint to Eject Tenant, and in support thereof, provides as follows: 1. Plaintiff is Nick Nichols whose principal place of business is 114 Bridge Street, New Cumberland, Pennsylvania 17070. 2. Plaintiff owns a residential property located at 219 Reno Avenue, New Cumberland, Pennsylvania 17070 ("Property") 3. Years ago, Plaintiff entered into a lease agreement ("Lease") with Defendant and the rental rate under the Lease is currently Six Hundred Fifty ($650.00) Dollars a month. 4. Defendant has breached the terms of the Lease by being late virtually every month in making the rent payments to Plaintiff. 5. Defendant has breached the terms of the Lease by failing to make payment to Plaintiff of the rent for the months of May, 2011. 6. Defendant has breached the terms of the Lease by constantly making threats to do bodily harm to Plaintiff when Plaintiff attempts to discuss the Lease with Defendant. 1 7. Defendant has breached the terms of the Lease by using abusive and threatening language when Plaintiff attempts to discuss the Lease with Defendant. Defendant has breached the terms of the Lease by engaging in activity which has resulted in the New Cumberland Police Department being called to the Property on numerous occasions to investigate claims of domestic disputes. 9. After providing Defendant with the necessary notice, on or about May 6, 2011, Plaintiff filed a Landlord/Tenant Complaint with Magisterial District Justice Charles A. Clement, Jr., (# 09-1-01) to evict Defendant from the Property and recover rent owed to Plaintiff by Defendant. 10. Magisterial District Justice Clement entered judgment in favor of Plaintiff, granting possession of the Property to Plaintiff and ordering Defendant to pay Plaintiff the sum of Seven Hundred Sixty-Nine ($769.00) Dollars, representing one month rent plus court costs. 11. Defendant filed with this Court an appeal of the judgment rendered by Magisterial District Justice Clement. WHEREFORE, Plaintiff requests that this Court enter judgment in favor of Plaintiff and against Defendant; award possession of the Property to Plaintiff, and order Defendant to pay Plaintiff the sum of Seven Hundred Sixty-Nine ($769.00) Dollars. Respectfully submitted, Date: 0(o/16/11 C`??o-- haun E. O'Toole Attorney I.D. No. 4797 202 State Street Harrisburg, Pennsylvania 17101 Attorney for Plaintiff 2 VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: S David -D. Buell Prothonotary Office of the Prothonotary Cum6er[and County, Pennsylvania 7 rkS. Sofionage, ESQ Solicitor '//37 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 0 CarCisfe, TA 0 CPhone 717 240-6195 0 Fax 717 240-6573