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Home My WebLink About12-7758COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE 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 Magisterial District Judge on the date and in the case referenced below. NA E OF APPELLANT G. DIST. NO. NAME OF MDJ ADD SS OF A PEL NT CITY STATE ZIP CODE 5~ ~ t DATE OF UDG NT ilk THE CAS OF ( lainti ~ (Defendant)' (f~ ~ vs V DOCKET No. SIGNATURE OF APP RNEY OR AGENT 4 'This block will be signed ONLY when this notation is required under Pa. If a ellan s Claimant (see Pa. R.C. .D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDERS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ~ ~ l appelfee(s), to file a complaint in this appeal J Name of appe/lee(s) (Common Pleas No. J ;~ ' ,~~ ,~~ )within twenty (20) days after service of rul s e of judgment of non pros. gnature of appellant or attorney or agent RULE: To , appellees) Na o ap lee s (1) You are notified that a rule is hereby enter d 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. ~)~' ~ ;~ ~~~~ Date: b+i~ j 20 ~ (/ Signature of Prothonotary or Deputy -~_ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NO ICE OF APP A . AOPC 312-05 ~.C':'J ~1i'+i ~ ~'.~}~ QEC 2~' P~1 2~ ~~;wlt~~3~n~.A~J ~Uu ~~?~lPJSYI_Wl~lr^ GSA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Brenda M. Knepper Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717- 766-45 7 5 Anthony Lovari 2 Grandview Ct Mechanicsburg, PA 17055 rD~i~s~p~~o~s~iti~on Summary =~.~~- Plaintiff MJ-09305-CV-0000178-2012 Lelend Kelly MJ-09305-CV-0000178-2012 Janet L. Kelly Judgment Summary Notice of Judgment/Transcript Civil Case Leiend Kelly, Janet L. Kelly V. Anthony Lovari Docket No: MJ-09305-~d-OOQ0178-2Q12 Case Filed: 9/7/201 -` =- ~-~`~ - 4 ~, ,,~ C.~ ~ ~' ~ t-.. C'7 A wr., ~' ~j. ~ --J~ ,- ~.: ..;; ~ ~, ,~ - -... ~ , ._' r - Anthon Lovari ~~ Diso__ osition Dat - y Judgment for Plaintiff 11/29/2012 Anthony Lovari Judgment for Defendant 11 /29/2012 Particioant Anthony Lovari Joint/Several Liability Individual Liability Janet L. Kelly $0.00 $5,907.26 Amount $5 907 26 Lelend Kelly $0.00 $0.00 , . $0 00 $0.00 $0.00 . Judgment Detail ~*Post Judgment) -- _ $o.oo In the matter of Lelend Kelly vs. Anthony Lovari on 11/29/2012 the judgment was awarded as foll J udam nt Como Civil Judgment onent JoinUSeveral Liability ows: In_ dividual Liability Deposit Aoulied - A Filing Fees $0.00 $5,717.00 m unt $5 717 00 $0.00 $190.26 , . $190.26 Grand Total: $5,907.26 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR 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. ,pf~M1 efp ~F~ Date ~ Magisterial District Judge Brenda M. Knepper ~~" M~"`' a true an correct copy o t e recor o t e procee mps Containinn r o ~~~ .,........ '~` Date Magisterial District Judae MDJS 315 Page 1 of 2 Printed: 11 /30/2012 10:48:22AM Lelend Kelly, Janet L. Kelly v. Docket No.: MJ-09305-CV-0000178-2012 Anthony Lovari Participant List Plaintiff(s) Janet L. Kelly 1167 Hill Drive Lansdale, PA 19446 Lelend Kelly 1167 Hill Drive Lansdale, PA 19446 Defendant(s) Anthony Lovari 2 Grandview Ct Mechanicsburg, PA 17055 MDJS 315 Page 2 of 2 Printed: 11 /30/2012 10:48:22AM LELAND CARISA KELLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-7758 — —± w T-91 ,:rn ANTHONY G. LOVARI, Defendant CIVIL ACTION - LAW S co 10c. C711 ro N PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Plaintiff, Leland Carisa Kelly, by and through her attorney, Abraham Prozesky, and files this Answer to Defendant's Preliminary Objections to Plaintiffs Complaint and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. Pa.R.C.P.D.J. No. Rule 1007 does not prohibit Plaintiff from claiming the filing fees of the Magisterial Court proceedings in the Complaint. Plaintiff was out of pocket in the amount of$190.26 (One Hundred and Ninety Dollars and Twenty Six Cents) (Complaint p.l and 2, Plaintiff s Exhibit"2"). 6. Denied. Plaintiff is entitled to claim the costs of the Magisterial District Court and inclusion is therefore relevant to support the cause of action. Pursuant to Pa.R.C.P. 1 1019(e) a judgment or order or decision of a domestic court may be pleaded. 7. Admitted. Defendant has failed to show prejudice. 8. Denied. The Court Docket is full of references to the proceedings at the Magisterial District Court level. Defendant's own Notice of Appeal contains references to the Magisterial District Court case. 9. Denied. Inclusion is not impertinent. Plaintiff is entitled to claim the costs of the proceedings in the Magisterial District Court. 10. Denied. The finder of fact cannot be "swayed" by reference to the judgment at the Magisterial Court level if the the docket started with a Notice of Appeal from a judgment in the Magisterial Court. WHEREFORE, Leland C. Kelly, respectfully requests this Honorable Court to dismiss the Preliminary Objections to the Complaint. In the alternative, Leland C. Kelly, respectfully requests this Honorable Court an opportunity to amend the Complaint. Respectfully s i d, Abrah esky, Esquire Atto e D. 209787 1195 alloway Lane H sburg, PA 17111 (717) 982-1532 Attorney for Plaintiff 2 LELAND CARISA KELLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-7758 ANTHONY G. LOVARI, _ Defendant CIVIL ACTION - LAW rn �:Pw m co AFFIDAVIT OF SERVICE r; - I hereby certify that I am on this 28`h day of March 2013 serving the following documents on the person(s) mentioned hereunder at the address(es) stated: TO: Attorney for Plaintiff, Mr. Joseph M. Gavazzi, Esq. at his last known address by U.S. Regular mail at: 395 Saint Johns Church Road, Suite 101, Camp Hill, PA 17011. DOCUMENTS: Plaintiffs Answer to Defendant's Preliminary Objections with accompanying Brief I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps. S Section 4904, relating to unsworn falsifications to authorities. Abrah Pr esk squire Attorn y I. 787 1195 Gallo y Lane Harrisbur , PA 17111 (717) 98 -1532 Attorney for Plaintiff 1 In the Court of Common Pleas of Cumberland County, Pennsylvania No. Civil Term vs PRAECIPE T � �� e v 4� < (c "v�� b be d�Sr►�:SS-� c/ en-Arw—(,y rnE r Yw.. N.) 70 r:;70 =cj- David D. Buell,Prothonotary 20 Attorney Lnfo• Attorney for plaintiff r' S