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Home My WebLink About13-0084r_nMnnnNwFOI TH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JU COMMON PLEAS No. I ~j - O NOTICE OF APPEAL PA 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. NAME OF APPELLANT mnu. uw i . rvv. Brett Gilbert and Tiffany Gilbert 09-3-04 Honorable Paula P. Correal Rio rnnF 6601 Springford Terrace Harrisburg ENT 17111 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) ~""'"""""" December 12, 2012 Estate of Leroy J. Shive, Sr. 41(`fJAT~IREVS APBrett GoiRbe~rt a Ed~pTRffa Ny Gilbert LT-120-2012 ~~'- This block will be signed ONLY when this notation is required under Pa. If pp w imant (see Pa. R. C. P. 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 M terial 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 o~ Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fomt 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 Estate of Leroy J. Shive, Sr. appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. ~ ?j , 8~ )within twenty (20) days after service of rule or suffer entry of judgment of non pros. Sign o appe mey or agent Douglas K. Marsico, Esquire RULE: To Estate of Leroy J. Shive, Sr. , appellees) Name of appellees) (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) T~h~e date of service of this rule if service was b~~~1t¢~c1e mailing. Date: ! 7 , 20 3 ,~~~{~~~ ~~~~~~~:) ~ }, ~+ ~ Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE N~~4~,~~Ej1~1'.1~NSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 ~1~3 spa a~ Cw~` -I ~Le.~~o ~~~ COMMONWEALTH OF PENNSYLVANIA ~ ~'~ _ Notice of JudgmentlTranscript COUNTY OF CUMBERLAND ~ ReSldentla~ Lease ~. „~~-, . .- Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Paula P. Correa) Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Douglas Keith Marsico, Esq. Caldwell & Kearns PC 3631 N Front St Harrisburg, PA 17110-1533 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary Docket No Plaintiff Defendant MJ-09304-LT-0000120-2012 Estate of Leroy J. Shive, Sr. Brett Gilbert MJ-09304-LT-0000120-2012 Estate of Leroy J. Shive, Sr. Tiffany Gilbert Judgment Summary Participant JointlSeveral Liability Individual Liability Brett Gilbert $7,475.21 $0.00 Estate of Leroy J Shive, Sr. $0.00 $D.00 Tiffany Gilbert $7,475.21 $0.00 Estate of Leroy J. Shive, Sr. v. Brett Gilbert, Tiffany Gilbert Docket No: MJ-09304-LT-0000120-2012 Case Filed: 10/24/2012 Yes No Disposition Disposition Date Judgment for Plaintiff 12/12/2012 Judgment for Plaintiff 1 211 2/201 2 Amo nt $7,475.21 $0.00 $7,475.21 Judgment Detail ("Post Judgment) In the matter of Estate of Leroy J. Shive, Sr. vs. Brett Gilbert; Tiffany Gilbert on 12!12/2012 the judgment was awarded as follows Judgment Component JointlSeveral Liability Individual Liability Deposit Applied $ 600.00 Rent in Arrears $3,600.00 $0.00 Physical Damages to Property $3,682.84 $0.00 $3,682.84 Costs $10.00 $0.00 $10.00 Server Fees $39.37 $0.00 $39.37 $143.00 $0.00 $143.00 Filing Fees Grano Total: $7,475."L'i 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 PROTHONOTARYICLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. 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 ANDIOR 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. MDJS 315A Page 1 of 3 rnnrea. i u i ucu ~~ ~ ~ Estate of Leroy J. Shive, Sr. v. Brett Gilbert, Tiffany Gilbert s a true and correct copy Docket No.: MJ-09304-LT-0000120-2012 ~~~~_ ~~~' `"_ Mal :` Date Senior Magisterial District Judge Paula P. Correa) ~~~:,"---,~~~;:>=` .~. Date al District Judge MDJS 315A Page 2 of 3 Printed: 12!12!2012 10:10:OOAM Estate of Leroy J. Shive, Sr. v. Brett Gilbert. Tiffany Gilbert Private(s) Mark Clifford Duffle, Esq. 301 Market St PO Box 109 Lemoyne, PA 17043-0109 Douglas Keith Marsico, Esq. Caldwell & Kearns PC 3631 N Front St Harrisburg, PA 1 71 1 0-1 533 Plaintiff(s) Estate of Leroy J. Shive, Sr. Doris J. Potteiger, Executric 6421 Union Deposit Road Harrisburg, PA 17111 Defendant(s) Brett Gilbert 6601 Springford Terrace Harrisburg, PA 17111 Tiffany Gilbert 6601 Springford Terrace Harrisburg, PA 17111 Participant List Docket No.: MJ-09304-LT-0000120-2012 Page 3 of 3 Printed: 12/12/2012 10:10:OOAM MDJS 315A ii THE PRO-Mt-AO-TAR'7 2 I3 NOV -8 PM 2: L 9 CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffle, Stewart&Weidner Counsel for Plaintiff By: Mark C. Duffie I.D. No. 75906 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: mcd @jdsw.com ESTATE OF LEROY J. SHIVE, SR., • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2013-84 BRETT GILBERT AND TIFFANY : CIVIL TERM GILBERT, Defendants PRAECIPE TO MARK THE DOCKET SETTLED, SATISFIED AND DISCONTINUED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above docket settled, satisfied and discontinued. Res.- I y submitted, .Alt 7 Do,�•• '- arsi • CPn *f•. aefendants eA M . Duffle Counsel for Plainti Dated: (6- 2.8 /3