HomeMy WebLinkAbout13-1626 COMMON E TH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of CUMBERLAM FROM
MAGISTERIAL DISTRICT JUDGE JUDQMcuT
COMMON PLEAS No. tyd
311
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.
NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ
PNC BANK 09 -3 -04 Paula P Correal
ADDRESS OF APPELLANT CITY STATE ZIP CODE
6416 Carlisle Pike Mechanicsburg, PA 17050
DATE OF JUDGMENT IN THE CASE OF (PlainM (DoWdant)'
3/5/13' Leiby's M.H. C. v. PNC Bank V3
DOCKET No. SIGNATURE OF APP LLANT OR ATTORNEY OR AGENT
MJ 09304 -LT- 0000038 -2013 jz-a
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see }v 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 Magisterial District Judge, A COMPLAINT'' MUST BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty
(20) days after filing the NOTICE of APPEAL.
Sipnatum of Prdhora wy 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 Leiby's M.H.C. appellee(s), to file a complaint ih this appeal
Name of appellee(s)
(Common Pleas No. `� 1 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature o appellant or omey or agent
RULE: To Leiby's M.H.C. , appellee(s)
Name of appellee(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 wa" h�t" f the mailing.
Date: 2 0.1Z
mo� ( ��oo'
6 1 : 01 W V L i f1 nature of onotary or Deputy
YOU MUST INCLUDE A COPY OF THE sN 4 C NTITRANSCRIPT FORM WITH THIS TICE OF APPEAL.
AOPC312 -05
H sass
!� M 3ya
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Tran
COUNTY OF CUMBERLAND Residential Lease
Mag. Dist. No: MDJ- 09 -3 -04 Leiby's M.H.C.
MDJ Name: Honorable Paula P. Correal V.
Address: 5275 East Trindle Road PNC Bank
Suite 110
Mechanicsburg, PA 17050
Telephone: 717- 697 -2201
PNC Bank Docket No: MJ- 09304 -LT- 000008 -2013
6416 Carlisle Pike Case Filed 20/2013
Mechanicsburg, PA 17050
Disposition Details
Grant possession. Yes
Grant possession If money judgment is not satisfied by the time of eviction. No
Disposition Summary - - - - - -- -'
Docket N Ptairifff Quilt Disposition Dlanbaltlon Date
MJ- 09304 -LT- 0000028 -2013 Leiby's M. PNC Bank Judg for Plaintiff 03105/2013
Judgment Summary
Participant JOInWeveral Liability Individual Liability
Leif y's M.H.C. $0.00 $0.00 $0.60 f
PNC Bank $0.00 $4,012.21 $4,01221
Judgment Detail ( *Post Judgment)
In the matter of Lelby`s M.H.C. vs. PNC Bank on 3/05/2013 the judgment was awarded as follows:
The amount of rent per month, as established by the Magisterial Dlstflct Judge, Is $347.00
Juf, =en,CornR0ent Joint/Several Liabilily Individual Llabiflty Deasit Applied Anwtiit
Filing Fees $0.00 $114.00 $114.00
Server l=ees $0.00 $32.17 $32. 1 7
Costs $0.00 $5.00 $5,00
Rent in Arrears $0.00 $3,861.04 $3,861.04
Grand Total: $4,012. 1
Portion of judgment for physical damages arising out of residential lease: $0.00
-� ► - RECEIVED
- MAR 0 7 2013
LEGAL AEPA TMENT
PITTSBURG ,
MDJS 315A Page 1 of 3 Printed: 03/05!2013' 2.34:11 PM
1 .
•:J.. :_N .t. F3G t
Leiby`s M.H.C. Docket No.: MJ -09304 -LT- 0000028 -2013
V.
PNC Bank
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR 3 OSSESSION
WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTAI Y/CLERK OF
COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDE TIAL LEASE
ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGA ENT, IF ANY.
IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICL.ERK OF COURTS rHE LESSER
OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL 18 FILED. HOWEVER, LOW INC ME AND/OR
SECTIONS TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO, 1008 OR 1018 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE P TY HAS 30
DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTA /CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIFT FORM WITH TH NOTICE OF
APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTINCT JU ES, IF THE
JUDGMENT HOLDER ELECT$ TO ENTER THE JUDgM(ENT IN THE COURT OF COWAON.PLEA8, ALL FURTHER PROCESS UST COME
FROM THE COURT OF COMMON PLEAS AND NO'FU THER PROCESS MAY E ISSUED BY T IE MAGISTERIAL DISTRICT JUDO L�, UNLESS THE JUDGMENT 18 ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTgRE$T�D (N TN E .,j4JN�IlENj AY FILE A
REQUEST FOR SNTR•Y OPSATISFACTIONVITH THE MAGISTERIAL DISTRICT JUbGE'IF THE JUDGMENT DEBTOR PAY$ IN FU SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date Senlor Magisterial District Judge Paula P. Correal
certify a true and correct copy of e record of e pmce ngs �.pontaft, Mg the JudgmeIqt.
L
Date Ma isterial District Judge °--
MDJS 315A Page 2 of 3 Printed 03105/2013 2:341117M
_ T
Y .
1
Leiby's M.H.C. Docket No.: MJ-09304- LT- 0000028 -2013
V.
PNC Bank
Participant List
Plaintiff(s)
Lelbys M.M.C.
7075 Carlisle Pike
Carlisle, PA 17015
Defendant(s)
_ P.NC.Bank
6416 Carlisle Pike
Mechanicsburg, PA 17050
Authorized Agent - Plaintiff(s)
Beth Graves
ato Leibys M.H.C.
7075 Carlisle Pike
Carlisle, PA 17015
�-- pis-•
MDJS 315A Page 3 of 3 Printed: 03/0512013 2:34 :11 PM
0.r THE PROTHONOTAii`r
2813 0 -5 A"111- 56
CUM BE�t LANO COUNTY
plHSYL.VANIA
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 CUMBERLAND ;ss
AFFIDAVIT: I hereby(swear)(affirm)that I served
a copy of the Notice of Appeal,Common Pleas Noi 3-1,Fir�&the Magisterial District Judge designated therein on
(date of service) 4 2,20 13 , ❑ by personal sekice OK by(certified)(registered)mail,
sender's receipt attached hereto,and upon the appellee, (name)Le ibynl s M.H.C .
4/2 20 13 ❑by personal service❑ XX by(certified)(registered)mail,
sender's receipt attached hereto.
(SWORN)(AFFIRMEQ)A14D SUBSCRIBED BEFORE ME
THIS 1,0(_DAY OF W,20 I
V`
nu
Signature of�Mcialb before made Signature of aff►ant
N
al Seal
Unda M.Schall,Notary Public
qty of Pittsburgh,Allegheny county
My Commission Expires April s,2014
Member,Pennsvivania Association of Notaries
Of
ty(4
waMt�n..iu.e..,,a..rrw� il (� cv�=
�a.mwani: Katherin mu. m.m 1 u�i cv
E. Koo r
Katherine E . Koop, 8s ,ry, Tuc errArensberg, P.C. O N
��.
Tuc er' 7kiensberg, P.c.
Pittsburg h, PA 15222
rO it s urq PA 15222 Leib rs M.H.0 M
TO:
Honorable Paula P. Correa , c 7075 Carlisle Pike ,
5275 E. Trindle Road, Sui aC ar is e, c'
ec anics urg, PA 17050
Ps Faw-MI17,.
200>PSN r ooaeoss
08 ft17,.A#d 2*t PsN 7530-024oa9063
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript
COUNTY OF CUMBERLAND Residential Lease
Mag.Dist.No: MDJ-09-3-04 Leib)(s M.H.C.
MDJ Name: Honorable Paula P.Correal V.
Address: 5275 East Trindle Road PNC Bank
Suite 110
Mechanicsburg,PA 17050
L Telephone. 717-697-2201
PNC Bank Docket No. W-09304-LT-0000028-2013
6416 Carlisle Pike Case Filed: 2121/2013
Mechanicsburg, PA 17050
51"s'position Details
Grant possession. Yes
Grant possession If money judgment Is not satisfied by the time of eviction. No
6 i is p-0 9-1(I-o-n---S--u--mi--m"-a i ri-y- ------
Docket N Plaintiff Defoodant Disposition DIIRMWon Date
W-09304-L7-0000028-2013 LeIW9 M.H.C. PNC Bank Judgment for Plaintiff 03105t2013
Judgment- '§u- i i i i ir—y
FArticlRant JointiSeveral Liability Individual Liability Amount
Le§Ws M.H.C. $0.00 $0.00 $0.00
PNC Bank $0.00 $4.012.21 $4,012.21
Judgment kDetail (*PostJudgmant)
In the matter of Lelbys M.H.C.vs.PNC Bank on 3/05/2013 the judgment was awarded as follows:
The amount of rent per month as established by the Magisterial District Judge.Is$347.00
Judq=ntComRMNnt- jointlSeveral Liablilly individual LjaWWX Depalt Agglie Moot
Filing Fees $0.00 $114,00 $114.00
Server Fees $0.00 $32.17 $32.17
Costs $0.00 $15.00 $5.00
Rent in Arrears $0.00 $3.861.04 $3,861.04
Grand Total. $4,012.21
Portion of judgment for physical dam"arising out of residential lease. $0.00
A? IIAT, .1
RECEIVED
'.4 MAR 0 7 2013
LEGAL DEPARTMENT
PITTSBURGH
MDJ8 315A Page 1 of 3 Printed:03/050013 234:I11'M
Leiby's M.H.C. Docket No., MJ-09304-1.T-0000028-2013
V.
PNC Bank
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 013TAIN 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
SECTIONS TENANTS SHOULD REFER TO Pa.R.C.P.M.O.J.140.1008 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 PROTHONOTARYICLERK OF
COURTS OF THE COURT OF COMMON PLEAS,CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMEN17TRANSCRIPT 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 JUD9114ENT 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 INTERESTf.D R
.4 THE 4UPOMENT MAY FILE A.
REQUEST FOR ENTRY OF-SATISFACTIO41WITH THE MAGISTERIAL DISTRICT jubG910 THE J)JDbMEWT DEBTOR PAYS IN FULL,SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
V111
Date Senior Magisterial District Judge Paula P.Correal
!Pgf.'
I COW that Rb Is a true and corfect copy of the recd id of Ve pro6realngs con a"the rnen
Date Mi0sterial District Judge
MDJS 316A Page 2 of 3 Printed:03M512013 234:1 i PM
Leiby's M.H.C. Docket No.: MJ-09304-LT-0000028-2013
V.
PNC Bank
Participant List
Plaintiff(s)
Leibys M.H.C.
7075 Carlisle Pike
Carlisle,PA 17015
Defendant(s)
P.NC.Bank . ..,..
6416 Carfisle Pi
ke
Mechanicsburg, PA 17050
Authorized Agent-Plaintiff(s)
Beth Graves
c%Leibys M.H.C.
7075 Carlisle Pike
Carlisle,PA 17015
,
7
MDJS 315A
Page 3 of 3 Printsd 03/r38M13 234:11 PM
COMMONWEA',,-'' nFPIENNSYLVANIA
COURT '-F C"1fil R1014 P-EAS NOTICE OF APPEAL
CUMBERLAND FROM
MAGISTERIAL DISTRICT JUDGE JUDGMEW�
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that ihe,appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge�)n the elate ane n the case referenced below.
NAME OF MAG.DIST.NO. T@WE-OF MDJ
PNC I IANK 09-3-04 Paula P. Correal
ADDRESS CITY STATE ZIP CODE
6416 Carli:-,le Pike Medu-micsburg, PA 17050
DATE OFii 5MEN1�-'--------Ji—Nn4E CASE OF(FWWM
3/5/1.3 Leiby's M.H. C. v. PNC Bank V9
DOCKET N). SIGNATURE OF UANT OR ATTORNEY OR AGENT
Ki-09304—L11-0 ►00038-2013
a. I( �1
This bloi* will tx:r 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. 1008B.
This Notoe of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Jude, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEIkS to the judgment for possession in this case. within twenty
(20)days after riling the NOTICE of APPEAL.
sfg-t—of Pmo-xftry-Dep*
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of farm to be used ONLY when appellant was DEFENDANT(see Fa.R.C.P.D.J. No. 1001(7)in action before Magisterial District
Judge. 9-NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIFE: To Prothonotary
Enter rule upon Leiby's M.H.C. appellee(s),to file a complaint in this appeal
_Name of appefte(s)
(Common Pleas No within twenty(20)days after service of rule or suffer entry of judgment of non pros.
—9i"g—na'lum appellant or 'tto—mey or agent
RULE: To IjBiby I s bl,HC. appellee(s)
Nenm of atpeffiWs)
(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 ENTERE AGAINST YOU.
(3) T date of service of this rule if se71imVxf)zIrI is the date of the mailing.u ,P
/J,
Date: 91,27 20 A.1 Nhoa c p,,
6 Signature of Ptodmotery or De"
YOU MUST INCLUDE A COP'(OF ME NTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AtOPC 312-05
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LEIBY'S M.H.C., ) CIVIL DIVISION
Plaintiff, ) No. 13-1626 c7 '.,
--
v. Fri
PNC BANK, ) w c
Defendant. ) ' C)
PRAECIPE TO SETTLE AND DISCONTINUE - r
TO: PROTHONOTARY, CUMBERLAND COUNTY
Kindly settle and discontinue the above-captioned case with prejudice.
Respectfully submitted,
Leiby's M.H.C., P i iff/Appellee
By:
�0 4��/ w.e��/►
Its: Goof iiftc G (a Gw,va S�a�• QNa.•.I�.wwb
7075 Carlisle Pike
Carlisle, PA 17015
Pro se
PNC Bank, Defendant/Appellant
By: ( .
Katherine E. Koop, Esquire
Pa. I.D. No. 206432
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
Attorney for Defendant/Appellant, PNC Bank