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HomeMy WebLinkAbout11-4922GUMMUnwtAL I n Ur rtnna T Lvnuvu+ COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. t' j??P- j 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. ter. ,W"r6 ISn MAI-01-3-61 ADDRESS OF APPELLANT - ('7 irkt'rujaw ?. r syM® ill Pg l 7011 -/1-ZA, MI-09301-L7-600005z-Z01 t This block will be signed ONLY when this notation is required under Pa. If appellant-was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action 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. (20) days after filing the NOTICE of APPEAL. sow- of P-#-- ay -DW4 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 appellee(s), to file a complaint in this appeal Name Of OAMNee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Sig wwo of eppepant or attomey or agent RULE: To , appellee(s) Name of appeNee(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: 20 Signature of Prothonotary or Deputy 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 PROOF OF SERME OF0PTICE OF APPEAL AND RULE TO FILE comPLA/NT (This proof of service JWUST BE FiL D WTHIIN I EN (10) DAYS AFTER ftfing 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 official before whom affidavit was made Tithe Of Office/ My commission expires on 20 v S ? Signature of affiant t"7 b ?`t =rn z= = =- -tern r_ -4 C> ?-r ? C:) 3 t CA) m COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable Harold E. Bender Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Peter Gorski DBA Instant Financial Solutions 62 Fairway Drive Camp Hill, PA 17011 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Peter Gorski DBA Instant Financial Solutions Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Rochelle Silver Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Disposition Summary Docket No Plaintiff Defendant MJ-09301-CV-0000147-2011 Rochelle Silver Peter Gorski DBA Instant Financial Solutions MJ-09301-LT-0000052-201 1 Peter Gorski DBA Instant Rochelle Silver Financial Solutions Instant Financial Solutions V. Rochelle Silver Docket No: MJ-09301-LT-0000052-2011 Case Filed: 5/6/2011 No No No No No No Disposition Disposition Date Judgment for Plaintiff 05/19/2011 Judgment for Defendant 05/19/2011 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Peter Gorski DBA Instant Financial Solutions $0.00 $12,010.00 $12,010.00 Judgment Detail (*PostJudgment) In the matter of Rochelle Silver vs. Peter Gorski DBA Instant Financial Solutions on 5/19/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $12,000.00 $12,000.00 Filing Fees $0.00 $10.00 $10.00 Grand Total: $12,010.00 MDJS 315A Page 1 of 2 Printed: 06/13/2011 12:44:57PM Instant Financial Solutions v. Rochelle Silver Docket No.: MJ-09301 -LT-0000052-201 1 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 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 .BUDGES, 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. S` r9 ??a rt ?"? Date Magisterial District Judge Harold E. Bender app N .......... I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Harold E. Bender MDJS 315A Page 2 of 2 Printed: 06/13/2011 12:44:57PM r' ILED-DFF ICE O THE PROTHONOT R i. 2011 JUN 13 PM 4: 12 CUMBERLAND COUNT`' PENNSYLVANIA 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 PENNSYLV NIA COUNTY OF 1 -vM)ai ! Ike , ss AFFIDAVIT: I hereby (swear) (affirm) that I served t1Q a copy of the Notice of Appeal, Common Pleas upon the District stice designated therein on (date of service) ?) 20 1 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ? /A Il e , on 0,113 .20? by personal service 0 by (d) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND UBSCRIBED BEFORE ME HIS 8*L _ DAY OF 201L Si nature ofoTiciafbeiore tvh ffiravit was made Title of ri i My commissicrl expires on , 20 Signature of affiant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM i` DISTRICT JUSTICE JUDGMENT J COMMON PLEAS No. i 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. E OF APPELLANT MAG. DIST. NO. NAME OF D.J. ?s???`NGn?1?i?3a?tr?ro,?s L.C.G,?ri?rc?!S ?111?' ? ? tai ADDRESS APPE iLLANTwA r• J? C t ? STATE [ ?CODE DATE OF JUDGMENT IN THE CASE OF (Plaktf?) (DNMdadY S- /1- ZQ// vs DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT -?'7-4t5? - C nO 1301 - 0- 60000 5 This block will be signed ONLY when this notation is required under Pa. If apAp0~ ,.was Claimer# (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before B'District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Surat-e or Prod-- wy-DspW 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 Name of apWse(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment-of non pros. soma" of apdAi'W WVdMW -&gem RULE: To , appeltee(s) Name of appegeOS) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal wittFiiry twenty 0M day€a(Wt the.date of service of this rule upon you by personal service or by ceditd or regiSte W 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: , 20 Slgna r of i3mlaormAw or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUICONNTITRANSCRIPT FORM WIT14 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 Postal MAIL- CERTIFIED ? RECEIPT Ln (Domestic Mail Only, No Insu Provided) rance Coverage fU -0 o in _ It Postage $ 07 M Certified Fee p Posib h C] C! Return Receipt Fee (Endorsement Required) G? 71- Restricted Delivery Fee (Endorsement Required) t .01-j (J^,! ' ! i/1,?rY ? , ` 0 Total Postage & Fees $ l' M Sent To C4 > = M L- -- ---------- ---------- sweet, apr. o.; ------------ = - or PO Box No. ------ ----------------------------------------- ...D -0 M (Domestic Only; No insu rance Coverage • d'• s an r-q f`- Postage $ }7 C3 Certified Fee M . Postmark O Return Receipt Fee er f3 (Endorsement Required) ED Restricted Delivery Fee (Endorsement Required) ??\ G; F2Oil O Total Postage & Fees $ - , C3 l- d ` ( No t A . ? . Sheet, p .; or PO Box No. s P61 APP -5 P,'1 2: 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Peter Gorski, DBA Instant Financial Solutions, LLC Plaintiff NO: 11 - 4922 vs. Rochelle Silver Defendant. CIVIL ACTION-LAW PRAECIPE TO STRIKE APPEAL FROM MAGISTERIAL DISTRICT JUSTICE TO THE PROTHONOTARY: Please strike the appeal in the above-captioned matter. It has been more than 20 days since appellant filed his notice of appeal, but he has not filed a complaint as required by Pa.R.C.P.D.J 1004(a). Respectfully submitted, MOONEY & ASSOCIATES Jeff R. La , E Attorney or Defendant I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 Sot-1rjrj4n ? amyd"ce_ U_)J'h $4-t above Kw l ylsl?a 4rol oortdc* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Peter Gorski, DBA Instant Financial Solutions, LLC Plaintiff vs. Rochelle Silver Defendant. NO: 11 - 4922 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Jeff R. Lawrence, Esquire, attorney for the above Plaintiff, hereby certify that on this 5th day of April , 20125 I have forwarded a copy of the Praecipe to Strike Appeal from Magisterial District Judge, in the above-captioned action to the following individual by regular U.S. Mail as set forth below: David J. Lanza, Esquire Law Offices of David J. Lanza 2132 Market Street Camp Hill, PA 17011 B?- Respectfully submitted, MOONEY & ASSOCIATES Jeff?.?e ce Attorney for Plaintiff I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770