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HomeMy WebLinkAbout12-2111COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.1? ,2111 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. 4S _S DATE OF JUDGMENT IN THE CASE OF (PWOM - • J (Lvionawr? sha t AU I'& Ld+? be ?-co.sm ey ?+har? D.1 r, h? fKS - 6°130\ - LT - 00©00 t} - aot4, 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. sq wum d Acumnatary or De" W was Claim 1001(6) 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 ?IT??E? appellee(s), to file a complaint in this appeal Name of appefee(s) ` r (Common Pleas No. 1 dt , ?jrylithin twenty (20) days after service of rule or suffer entry of judgment f non pros. tae of a t or attomey or agent RULE: To E A\ O.r ;` appellee(s) Name of appe#Ws) (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: A pF11 Z?, 20 Signatwe 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 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 2p Signature of af(rant Signature of official before whom affidavit was made Title of official My commission expires on 20 i. LD ' C L t j C L __j LLI Ce O ti COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable H. Anthony Adams Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Nick Chapa 45 SunBeam Court Bld 45 Shippensburg, PA 17257 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction Disposition Summary Latrobe Leasing V. Anthony Lepri, Patrick Ryan, Anthony Brocato, Anthony Gasbara, Nick Chapa, Dan Sette, Ethan Dilcherd, Jeremy McCormick Docket No Plaintiff Defendant MJ-09301-LT-0000017-2012 Latrobe Leasing Patrick Ryan MJ-09301-LT-0000017-2012 Latrobe Leasing Ethan Dilcherd MJ-09301-LT-0000017-2012 Latrobe Leasing Dan Sette MJ-09301 -LT-000001 7-2012 Latrobe Leasing Nick Chapa MJ-09301 -LT-000001 7-2012 Latrobe Leasing Anthony Gasbara MJ-09301-LT-0000017-2012 Latrobe Leasing Anthony Brocato MJ-09301 -LT-000001 7-2012 Latrobe Leasing Anthony Lepri MJ-09301-LT-0000017-2012 Latrobe Leasing Jeremy McCormick Judgment Summary Participant Joint/Several Liability Individual Liability Anthony Brocato $8,596.55 $0.00 Anthony Gasbara $8,596.55 $0.00 Anthony Lepri $8,596.55 $0.00 Dan Sette $8,596.55 $0.00 Ethan Dilcherd $8,596.55 $0.00 Jeremy McCormick $0.00 $0.00 Latrobe Leasing $0.00 $0.00 Nick Chapa $8,596.55 $0.00 Patrick Ryan $8,596.55 $0.00 Docket No: MJ-09301-LT-0000017-2012 Case Filed: 2/17/2012 Yes No Disposition Disposition Date Judgment for Plaintiff 03/01/2012 Judgment for Plaintiff 03/01/2012 Judgment for Plaintiff 03/01/2012 Judgment for Plaintiff 03/01/2012 Judgment for Plaintiff 03/01/2012 Judgment for Plaintiff 03101/2012 Judgment for Plaintiff 03/01/2012 Dismissed Without Prejudice 03/01/2012 Amount $8,596.55 $8,596.55 $8,596.55 $8,596.55 $8,596.55 $0.00 $0.00 $8,596.55 $8,596.55 Judgment Detail (*PostJudgment) In the matter of Latrobe Leasing vs. Patrick Ryan; Ethan Dilcherd; Dan Sette; Nick Chapa; Anthony Gasbara; Anthony Brocato; Anthony Lepri on 3/01/2012 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 $3,200.00 Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $7,840.00 $0.00 $7,840.00 Costs $256.55 $0.00 Attorney Fees $500.00 $256.55 $0.00 $500.00 Grand Total: $8,596.55 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 4 Printed: 03/02/2012 9:27:42AM Latrobe Leasing Docket No.: MJ-09301-LT-0000017-2012 v. Anthony Lepri, Patrick Ryan, Anthony Brocato, Anthony Gasbara, Nick Chapa, Dan Sette, Ethan Dilcherd, Jeremy McCormick 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. BTU! o\p ?? n? ra 4., Date Magisterial District Judge H. Anthony Adams certify that this is a true an correct copy o the record o the proceedings containing the lu gment. Date Magisterial District Judge MDJS 315A Page 2 of 4 Printed: 03/02/2012 9:27:42AM Latrobe Leasing V. Anthony Lepri, Patrick Ryan, Anthony Brocato, Anthony Gasbara, Nick Chapa, Dan Sette, Ethan Dilcherd, Jeremy McCormick Participant List Plaintiff(s) Latrobe Leasing PO Box 101 Shippensburg, PA 17257 Defendant(s) Anthony Brocato 45 SunBeam Court Bid 45 Shippensburg, PA 17257 Nick Chapa 45 SunBeam Court Bid 45 Shippensburg, PA 17257 Ethan Dilcherd 45 SunBeam Court Bid 45 Shippensburg, PA 17257 Anthony Gasbara 45 SunBeam Court Bid 45 Shippensburg, PA 17257 Anthony Lepri 45 SunBeam Court Bid 45 Shippensburg, PA 17257 Jeremy McCormick 45 SunBeam Court Bid 45 Shippensburg, PA 17257 Patrick Ryan 45 SunBeam Court Bid 45 Shippensburg, PA 17257 Dan Sette 45 SunBeam Court Bldg #45 Shippensburg, PA 17257 Docket No.: MJ-09301-LT-0000017-2012 MDJS 315A Page 3 of 4 Printed: 03/02/2012 9:27:42AM LAW OFFICES OF LEE A. STIVALE By: Lee A. Stivale; Attorney I.D. # 46511 P.O. Box 937 Chadds Ford, PA 19317 (484) 574-1693 r 2 7 11 X riey for Plaintiff n ! z r; ilA00- EEN'NSYLVA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LATROBE LEASING NO. 12-2111 Plaintiff/Appellee V. ETHAN DILCHERD, et al. Defendant/Appellant PRAECIPE TO TERMINATE APPEAL FROM MAGISTERIAL DISTRICT COURT PURSUANT TO Pa.R.C.P.M.D.J. No. 1006 TO THE PROTHONOTARY: Kindly Strike the appeal of Ethan Dilcherd pursuant to Pa. R.C.P.M.D.J. 1005 and 1006 for failure to file a proof of service within ten (10) days of the appeal. On April 2,2012, Ethan Dilcherd, et al filed an appeal from the decision of District Court 09-3-01 dated March 2, 2012. Pa.R.C.P.M.D.J. No. 1005 (B) requires: B. The appellant shall file with the prothonotary proof of service of copies of his notice of appeal, and proof of service of a rule upon the appellee to file a complaint if required to request such a rule by Rule 1004B, within ten (10) days after filing the notice of appeal. The Defendant/Appellant failed to file a proof of service within ten (10) days of the appeal, or April 13, 2012. Pa.R.C.P.M.D.J. No. 1006 provides: Upon failure of the appellant to comply with Rule 1004A or Rule 1005B, the prothonotary shall, upon praecipe of the appellee, mark the appeal stricken from the record. The court of common pleas may reinstate the appeal upon good cause shown. RESPECTFULLY A'Pp" I S-h-( c ie4 -?Ya.eG.pe LEE MSTIVALE, ESQUIRE Attorney for Appellee, Latrobe Leasing CLO GU'ice' VJ i i-ii -0e I V , Tre+ko 2 CERTIFICATE OF SERVICE I, LEE A. STIVALE, Esquire, hereby certify that I served a true and correct copy of the Praecipe r on all parties listed below, by United States Regular Mail, postage pre-paid on April 24, 2012: Ethan Dilcherd 45 Sunbeam Ct., Bld 4-5 Shippensburg, PA 17257 LAW OFFICES OF LEE A. STIVALE By: Attorney for Defendant