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HomeMy WebLinkAbout12-1164COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of 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. APPELLANT NAME -PA 1` ? Q ? ? ? e-(7Irt,li s 15, I M ?J 'r?/3c?? I U.J. Y Vie-H' LA)"?4 " ? c a ADDRESS OF APPELLANT . ii'?? L C[TV ?Arrts STATE ZIP CODE 17JI z DATE OF JUDGMENT ,??/.3??Zt7t2 IN THE CASE OF (PleinfM J trie6 ii C.tIIl?s ,n , - `r I D ' v r. Ic r?lrlr? !?' ?9rtrilSSYi 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. -- S%"Wumof FhWxnaayaDspdy appellant was Claimant (see in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing 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 J _? `, ?) K s appellee(s), to file a complaint in this appeal .1 . ", Name of appellee(s) (Common Pleas No. within twenty (20) days after service of a suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To ?: yyq e ) : 6 , I ') s appellee(s) Name of appa"(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: Fe llu :t,d. 3 , 20 /Z ??'rr P roth ary TULV 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 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) '011 ,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 Title of official My comr!3ission expires on 20 rte © ?C.t " V C7 ci O Cj Z CL < + ILL J Signature of affiant COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-02 MDJ Name: Honorable Vivian Cohick Address: 55 Penn Drive Newville, PA 17241 Telephone: 717-776-3187 Richard McGinnis Sr 269 Buckley Dr Harrisburg, PA 17112 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Ariel R Torres Jr Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Richard McGinnis Sr Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Disposition Summary James J Collins V. Ariel R Torres Jr, Richard McGinnis Sr Docket No Plaintiff Defendant MJ-09302-LT-0000005-2012 James J Collins Ariel R Torres Jr MJ-09302-LT-0000005-2012 James J Collins Richard McGinnis Sr Judgment Summary JoinUSey eral Liability Individual Lia bility Participant Ariel R Torres Jr $3,245.80 $0.00 James J Collins $0.00 $0.00 Richard McGinnis Sr $3,245.80 $0.00 Docket No. MJ-09302-LT-0000005-2012 Case Filed: 1/24/2012 No Yes No No No No Disposition Disposition Date Judgment for Plaintiff 02/13/2012 Judgment for Plaintiff 02/13/2012 Amount $3,245.80 $0.00 $3,245.80 Judgment Detail ('Post judgment) In the matter of James J Collins vs. Ariel R Torres Jr; Richard McGinnis Sr on 2/13/2012 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 $2,000.00 Judgment Component Joint(Several Liability Individual Liability Deposit Apolied Amount Rent in Arrears $3,068.50 $0.00 $3,068.50 Costs $177.30 $0.00 $177.30 Grand Total: $3,245.80 Portion of judment for physical damages arising out of residential lease: $0.00 Amount of judgment subject to attachment 42 PA C.S. 8127: $0.00 MDJS 315A Page 1 of 3 Printed: 02/13/2012 1:19:27PM James J Collins V. Arie! R Torres Jr, Richard McGinnis Sr Docket No.: MJ-09302-LT-0000005-2012 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 JUDGMENTITRANSCRIPT 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. 7f?•11Yj A•v?-?-?? ?•c?lyjV?+..rj ?V `t ?e Date Magisterial District Judge Vivian Cohick certify at this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Vivian Cohick MDJS 315A Page 2 of 3 Printed: 02/13/2012 1:19:27PM James J Collins Docket No.: MJ-09302-1-T-0000005-2012 V. Ariel R Torres Jr, Richard McGinnis Sr Participant List Plaintiff(s) James J Collins PO Box 27 1224 Holly Pike Carlisle, PA 17013 Defendant(s) Richard McGinnis Sr 269 Buckley Dr Harrisburg. PA 17112 Ariel R Torres Jr 263 Richland Rd Carlisle, PA 17015 MDJS 315A Page 3 of 3 Printed: 02/1312012 1:19:27PM ¦ 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, or on the front if space permits. 1, Article Addressed to: JC- W4 es J.G?>flfns 'C. O , 1,-) 17. A, 7 1,ozaLl1it"11Pile G 'kv' IS ` IC ;?? 1 7LD1 3 A. Slg a lyre X ,? P wt?-??• B. ^^/IReceived by (Printed Name) C. Date of I D iv 't/J 4 if a i r A n/// h- 1' .ory 7 D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3 Service Type ',?Certifled Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes `` A -TI Z _ Z; z ° in r- 4CD D= ;- " --i cn ...= r %j 2. Article Number (Ranter from ser 7 010 2780 0 002 0142 0651------ PS Form 3811, Fcmuwyzuu4-. Domestic Return Receipt 102595-02-M-1540 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 (Ia .C. ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served Ild a copy of the Notice of Appeal, Common Pleas /Z.-)) 4 upon the District Justice designated therein on (date of service) p ;k ?, , 20 11, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) t) . Got ) / Y c , on 20 1 L ? by personal service A by (certified) (registered) mail, sen er's receipt attached hereto. (SWORN) (AFFIRMED) AND S IBED BEFORE ME THIS $? DAY OF )IT .20 /? . \-' a &Ja&2 Signature of official before whom affidavit was made Title of official 10 My commission expires on -20 CIAMa, myrr um "acolml"M Umm- Evit" N?ac" 0 ' °td'ra re,-, I ? W? ? Signature of aftiant ea GUMMUNWEAL I H OF F'tNNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM ` I DISTRICT JUSTICE JUDGMENT L l COMMON PLEAS No. yi- `n ` ±f 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 o Milli. otsy. ray. .'s • r47 yr v.J. r ; tf. s' , l 13 , l?'? ` (? h 1'S 5 r M 0 J - t79 - o? 1/ t V ! ?c e4 ` ?+ ? , ?l ADDRESS OF APPELLANT CITY STATE 21P CODE ?v??c 1? ?irY1•??t?? / )7Jl2 It I DATE OF JUDGMENT MI THE CASE OF (Plaintiff) r + 'r /? ] } Alp/xOf 2 A r?2 °J l h iS1>t w ?y ; 9' t 9 /l/ Y 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. Signature of Prothonofsry 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 appellee(s), to file a complaint in this appeal Enter rule upon J Name of appellee(s) (Common Pleas No. -- tD f i t ) within twenty (20) days after service ofe suffer entry of judgment of non pros. r Signature of appellant or attorney or agent RULE: To , yyr e J L , (? t ?s , appellee(s) Name of appemee(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 P r, ,. a Date: F -e k, __20 ,? ?. . V_ on6t& „F. ; IRe pI Proth ay, Dep t V +t,. / . l i'+ 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 CU 131?r_r't?ri. V Cohen, Seglias, Pallas, Greenhall & Furman PC Michael L. Solomon, PA I.D. # 36031 msolomon@cohenseglias.com 240 N. Third Street, 7fl' Floor Harrisburg, PA 17101 Attorneys for Appellant James J. Collins Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. Richard B. McGinnis, Sr. Defendant NO. 12-1164 Civil CIVIL ACTION - PRAECIPE FOR ENTRY OF JUDGMENT FOR NON PROS To the Prothonotary: Please Enter Judgment of Non Pros against the Plaintiff for failure to file a Complaint in the above-captioned matter. The undersigned certifies that a written Notice of Intention to file this Praecipe was mailed to the Plaintiff at least ten (10) days prior to the date of the filing of this Praecipe. A copy of the required Notice is attached to this Praecipe. Date: Respectfully su COHEN SE "S PALLAS GREENHALL & FU , P.C. By: Michael L. Solomon, PA I.D. # 36031 msolomon@cohenseglias.com 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Defendant Chv?k at lo. Sc??a GC? ? 59 lv James J. Collins : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. Richard B. McGinnis, Sr. Defendant :NO. 12-1164 Civil CIVIL ACTION - CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class, postage prepaid mail this day to the following: Date: James J. Collins 1224 Holly Pike PO BOX 27 Carlisle, PA 17013 Plaintiff Respectfully submitted, COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. B y: Alison A. Zortm Legal Assistant 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 #1571966-v] 51477-0001 Cohen, Seglias, Pallas, Greenhall & Furman PC Michael L. Solomon, PA I.D. # 36031 msolomon@cohenseglias.com 240 N. Third Street, 7`h Floor Harrisburg, PA 17101 Attorneys for Appellant James J. Collins : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 12-1164 Civil Richard B. McGinnis, Sr. : CIVIL ACTION - Defendant To: James J. Collins, 1224 Holly Pike, PO Box 27, Carlisle, PA 17013, Plaintiff Date of Notice: March 21, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUN"I'Y LAWYER REFERRAL SERVICI_?. 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: -5/;- Vt x Respectfully submitted, COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: h.. _ "*W *4 -- s ? k C-- 'chael L. Solomon PA I.D. # 36031 msolomon@cohenseglias.com 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Defendant James :I. Collins : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. Richard B. McGinnis, Sr. Defendant NO. 12-1164 Civil CIVIL ACTION - CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was sent by first class, postage prepaid mail this day to the following: Date: 4,2111 James J. Collins 1224 Holly Pike PO Box 27 Carlisle, PA 17013 Plaintiff Respectfully submitted, COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: jl6a? ( Alison A. Zortman, L Assistant 240 North Third Stre , 7th Floor Harrisburg, PA 17101 (717) 234-5530 #1570356-vl- = N N A O ? O y c ? a V ? I O .r Y V 'rt S T O O ? X SD Ox Ox i b J (DDD CA rJ W ,.j i 1?yy I' a ° ° l1NWT1?6 r o F, S? M N) ° 5 CO 1 v O 14 O N V 7 C 7 D Q 9 N Q m ?xO ° m j N O m