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HomeMy WebLinkAbout12-2711COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ja - 01 (? 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. NAME MAG. DIET. NO. NAME D.J. 10-/ 4_ i/ Ine rq n n 'c?-Cj3 --o C/ ACV a I )c /21 (1 Ira Pt --.V, •/ye l ?' I r C.-? - E Acs A ? r ?a a?s ONLY when this notation 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. st"at e Of pmo-wtaiy d DSPWY in action 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 Enter rule upon Name of aAwfl"(s) / (Common Pleas No. ia„ a711 0 ViL__JjrM within twenty (20) days ?C?c I}4 Dellee(s), to file a complaint in this appeal service g$i* or suffer er)t4Y "of non pros. - /? SoWureofappellantorattomeyoragent RULE: ToC appellee(s) Name of appe#"(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: M aV ' .20)a U_ 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 .20 Signature of official before whom affidavit was made Title of official My commission expires on 20 bwha.sv .Uga ud 'Oro-Eat # 'Al?IV ?VIAI ,S QNb7 n1) 90:1kd 1_AViij141 Signature of af6ant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Paula P. Correal Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 John Flathmann 2221 Gleim Court Enola, PA 17025 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary Notice of Judgment/Transcript Residential Lease Docket No Plaintiff Defendant MJ-09304-LT-0000034-2012 Alana Briere John Flathmann Judgment Summary Participant Joint/Several Liability Individual Liability Alana Briere $0.00 $0.00 John Flathmann $0.00 $4,642.84 Alana Briere V. John Flathmann Docket No: MJ-09304-LT-0000034-2012 Case Filed: 3/20/2012 No Yes Disposition Disposition Date Judgment for Plaintiff 04/03/2012 Amount $0.00 $4,642.84 Judgment Detail (*PostJudgment) In the matter of Alana Briere vs. John Flathmann on 4/03/2012 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 $1,450.00 Judgment Component JointlSeveral Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $4,494.97 $4,494.97 Filing Fees $0.00 $111.00 $111.00 Costs $0.00 $5.00 $5.00 Server Fees $0.00 $31.87 $31.87 Grand Total: $4,642.84 Portion of judgment for physical damages arising out of residential lease: $0.00 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. MDJS 315A Page 1 of 3 Printed: 04/03/2012 10:56:57AM .. ?, Alana Briere Docket No.: MJ-09304-LT-0000034-2012 v. John Flathmann Date Senior Magisterial District Judge Paula P. Correai certify that this is a true an cone copy o the r cord o the proce ings cefiai ng the iu gmenV I , Date a isterial District Judge! a Alana Briere v. John Flathmann Participant List Plaintiff(s) Alana Briere c/o Susquehanna Realty Management LLC 5821 Linglestown Road, Suite 210 Harrisburg, PA 17112 Defendant(s) John Flathmann 2221 Gleim Court Enola, PA 17025 Docket No.: MJ-09304-LT-0000034-2012 (Domestic N M M _ Postmark O Return Receipt Fee He,e C3 (Endorsement Required) Restricted Delivery Fee (Endorsement Required'. 0 u') Total Postage & Fees m Sent To - r q r-q St ---re-et - - -----.-.....-- -- -------- ------------------------- C3 Apt. No.: or PO Box No. .......... ---------------- .-.-..................... ...- '---------------------- °-------- Ciry, State, ZIP+4 PS Form 3800. AUgLiSt 2006 See Reverse for Instructim h 1LE0-OFFfGL OF THE PROTHONOTARY 2012 MAY -2 PM 1: Q3 CU?SYLVANIA 7Y 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 C4A Iur f00 , ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas ,'),7/r upon the District Justice designated therein on (date of service) '2__, 201?2 , ? by personal se ice 6doby (certified) (registered) mail, sender's receipt attach d hereto, and upon the appellee, (name) n on 20A- ? by personal service 2by (certifiedpr66istered) mail; senders receipt attached hereto. (SWORN (IRMED) AND SUB ED BEFORE ME THIS DAY ,,OF 201%2. ig lore wh avit was made Title of oftict My commission expires on 20 Signature of afant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NO WE-OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. % - A iv, J TOM 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 QF A Er'T Nwca vu i . m?. ?vnenc u .j. 1 'A '?° l ??...1 '. '? "7 ?'w f { ?,..v' ?.•1 e..?_ J ':. i !r; • ?. 4 )1-. l Y ?' y t f. ADDRESS OF APPELLANT C/ITY 1t STATE / ZIP !CODE DATE OF JUDGMENT IN THE CASE OF (PlsMV)I (DefenderdY • DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR X?AW This block will be signed ONLY when this notation is required under Pa. If appedl6ant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. 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. PRAE,CIPE TQ ENTER RULE TO FILE EOMPLAINT-AN0, ROL,# TO FILE (This section of form to he used 64Y when appellant was DEFENDANT (see PaR.C.P.D.J. No. 1001(7) in,actiQrfbefore District Justice. IF NOT USED, detach from copy of notice of appeal tube served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ppellee(s), to file a complaint in this appeal - Name of appepee(s) (Common Pleas No. within twenty (20) days after service olmle or suffer en6 ofjudgment of non pros. t ptr l ? L`•fM .29lgnature of appellant or attorney or agent RULE: To appellee(s) Name of apWee(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 rile upon you by personal service or by certified or registered mail. .F .. .: . (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAIN T YOU. (3) The date.of service of this rule if service was by mail is the date of the mailing. ,( 4 Date: • ?:1 a? .?- .20 AV?? ?. aryor f i YOU MUST INCLUDE 'A COPY OF THE NOTICE OF JUDGMENTrrRANSCRIPT 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