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Home My WebLink About11-7518COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C om h C? r I a _r) J NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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. Eve ft Evans .1r. 1 111 D 3-o 9 3-0,51 rA ark M atl t i (\,, ADDRESS OF APPELLANT ' CITY STATE ZIP CODE / 0 7 / q n s N d / echon? ?s PA oLs` DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' VS M3 - 09,305-- L j o0o0 /o o - eta l/ 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. Signature of Prothonotary or Deputy If appellant?Claimant (see Pa. .C.P.D.J. No. 1001(6) in action before a Diifiict Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon 65 LQ1 ??? C )c f <e appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. - 5 / o? within twenty (20) days after a of rule or suffer entry of judgment of non pros. c rr_e_Ae4-J L ? Signature of appellant or attorney or agent RULE: To ICI 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: 3 20 i ure o onotary r uty d?b 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 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Amy Ellen Hirakis, Esq. Midpenn Legal Services 401 E Louther St Ste 103 Carlisle, PA 17013 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Everett Evans Jr. Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Disposition Summary Docket No PI in iff Defendant MJ-09305-LT-0000100-2011 Frederick W Keller Everett Evans Jr. Judgment Summary Participant Joint/Several Liability Individual Liability Everett Evans Jr. $0.00 $1,684.00 Frederick W Keller V. Everett Evans Jr. Docket No: MJ-09305-LT-0000100-2011 Case Filed: 9/1/2011 No Yes No No Disposition Disposition Date Judgment for Plaintiff 09/14/2011 Amount $1,684.00 Judgment Detail ("PostJudgment) In the matter of Frederick W Keller vs. Everett Evans Jr. on 9/14/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $344.00 Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $0.00 $120.00 $120.00 Attorney Fees $0.00 $500.00 $500.00 Rent in Arrears $0.00 $1,064.00 $1,064.00 Grand Total: $1,684.00 Portion ofjudment for physical damages arising out of residential lease: Amount of judgment subject to attachment 42 PA C.S. 8127: $0.00 $0.00 MDJS 315A Page 1 of 3 Printed: 09/14/2011 5:15:59PM Frederick W Keller Docket No.: MJ-09305-LT-0000100-2011 V. Everett Evans Jr. 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 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 11h u P„ r, + ??`, S?`Ofnf ryeryry'o?4o Magisterial District Judge Mark Martin aa «v' certify at is is a true an correct copy o the record o e proceedings containing the judgment. Date Magisterial District Judge Mark Martin MDJS 315A Page 2 of 3 Printed: 09/14/2011 5:15:59PM Frederick W Keller V. Everett Evans Jr. Participant List Private(s) Amy Ellen Hirakis, Esq. Midpenn Legal Services 401 E Louther St Ste 103 Carlisle, PA 17013 David J. Lanza, Esq. 2132 Market St Camp Hill, PA 17011 Plaintiff(s) Frederick W Keller 712 Farnham Place Bel Air, MD 21014 Defendant(s) Everett Evans Jr. 1071 Lancaster Blvd Apt 14 Mechanicsburg, PA 17055 Docket No.: MJ-09305-LT-0000100-2011 MDJS 315A Page 3 of 3 Printed: 09/14/2011 5:15:59PM Frederick Keller, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENN$YLVAN : NO ? . rn V. CS Everett Evans, Jr., ter. ? ' Defendant : CIVIL TERM To the Prothonotary: Kindly allow Everett Evans, Jr., Defendant, to proceed in forma pauperis. I, Amy Hirakis, MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs of this proceeding and that I certify that I am providing free legal services to the party. Respectfully submitted, LEGAL SERVICES Date: October 3, 2011 Amy Hi s, Esquire Supre e ourt ID: 310094 Attorny for Defendant 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400