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HomeMy WebLinkAbout13-5769 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMEN COMMON PLEAS No. J3 -"s7lo } 5y 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. n� ) x Q y^ NAME OFAPPELLAN 8pfib, (/ S Mb -.0 \ ^ ° QA H. 1"NbR.- 1 AUL1/ 1 . ccW t C4A ,Q 4 ADDRESS / APPELLANT WES / 5 T C Y/P CITY L 1 5L e ST e / l / © ) 3 DATE OF JUDGMENT f GGMMENT Yb IN THE CASE OF (Plaintiff) r (Defendant)' Oct Jo 4 2-o 13 (::!//4,t> f}. Br✓ ST �S G8 Q ).5 6 O L. OS DOCK No. -00 � SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be 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. 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. 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 C fo appellee(s), to file a complaint in this appeal /! Flame of appellee(s) (Common Pleas No. 13 _,j 7Lo y ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. — A- --� �� &==;, f d Signature of appellant or att orney or agent RULE: To � rf 1 ��J appellee(s) 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 uponyou by personAl service or by certified or registered mail. (2) If yoti --•do ,nat ti b corr"tplairtlpithin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) Ti he d'dtte of service'oflhis rule if service was by mail is the date of the mailin . /G 0 = ~� VINVA`1�SNNU Date: —JL 9 i4inoo nptI� 30g s gnatureofProthonotary orDeputy 1'� [ "i tlr9 C7 7^1 � �V YOU MUST INCLUDE. A COPY OF THI?IlAi'l�JUMN RKrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. ° 10 AOPC 312 -05 .� � dJ� " COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ- 09 -3 -04 Chad A Best MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindle Road Chris Boulos Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Chris Boulos Docket No: MJ- 09304 -LT- 0000120 -2013 501 S. West Street Case Filed: 8/2212013 Apartment D Carlisle, PA 17013 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -LT- 0000120 -2013 Chad A Best Chris Boulos Judgment for Plaintiff 0910412013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Chad A Best $0.00 $0.00 $0.00 Chris Boulos $0.00 $988.45 $988.45 Judgment Detail ( Post Judgment) In the matter of Chad A Best vs. Chris Boulos on 9104/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $853.78 Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $853.78 $853.78 Filing Fees $0.00 $97.50 $97.50 Costs $0.00 $5.00 $5.00 Server Fees $0.00 $32.17 $32.17 Grand Total: $988.45 i'viii0n of JUdgiicnt for physical d'amag'es arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed: 09/04/2013 9:3 i Chad A Best Docket No.: MJ- 09304 -LT- 0000120 -2013 V. Chris Boulos 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. 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 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 JUDGEMENT 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. o r a —= Date Senior Magisterial District Judge P.aula P. Correal' I certify that this is a true and correct copy of the record of the proceedings containing the judgment. f , r Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 09/04/2013 9:31:56AM 'l ,_ i, t 1 E. t E f' 1!' ,' , ,. . 2 'i3jj�0CT 1 I Pm 3: 2�' :'UMBERLPiND COLIC 1 ,'. PENNSYLVANIA 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 Ci ctAr%y vIW-0-GL ; ss AFFIDAVIT: I hereby(swear)(affirm)that I served 13.-S741 (''‘I' t ❑ a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) 10 111 , 20 13 , ❑ by personal service ‘by(certified)(registered)mail, sender's receipt attached hereto, and upon the appellee, (name)N�6, onnE S (to hi , 20 1 3 by personal service[ by(certified)(registered)mail, sender's receipt attached hereto. (SWORN)( FFIRMED)AND SUBSCRIBED BEFORE ME THIS //bAY OF .'t"20 A3 t 1✓� ,tom. " Signature of o trial before whom a id'davit was made Signature of affiant ,fb as jq71c My Commission Expires tho � a* Title of official U.S. Postal ServiceTt., U.S. Postal Service- , CERTIFIED.MAIL RECEIPT CERTIFIED MAIL,,, RECEIPT o (Domestic Mail Only;No Insurance Coverage Provided) z- (Domestic Mail Only;No Insurance Coverage Provided) ru For delivery information visit our website at www.usps.com® co r-4 tj't For delivery information visit our website at www.usps.com® Q' n=-' " r' pi, i u ru " tr n r it .,m ru ru s Postage $ J3 Postage $ -� 7 Certified Fee -'"; -\ n Certified Fee , ', r r`+;i ,i r„i `J .,-1Pos$n3dc Return Receipt Fee j ■;l31 Here\ D 1 Postriar)a 0 (Endorsement Required) O Return Receipt Fee (Endorsement Required) Here 0 I 1 p Restricted Delivery Fee O Restricted Delivery Fee j (Endorsement Required) 1 (Endorsement Required) 0 I� D O Total Postage&Fees Total Postage&Fees r' Sent To / �//� n Be C ent o /'7//�(� �j/ F/�7}(� A R / rr1 G t l 1 L 45 TT, J / /](� m l 1S1!l�ta__!_l_e 1 il1,J_l•_,.___._ CC)!.S`� !� r9 Street,Apt.Na; % �/ ,9� /�I` a Street,Apt.No.; '_"n" _ al or PO Box No. QU /� [� or PO Box No. 5,2:7_6 F Tyri,,,dle___ o re 1`- City,State,ZIP+4 �� nnal�/�G DVR (�I70sfl • City,State,ZIP+4 ( r� III s 'N c 'C.) : i� 70 . PS Form 3800.August 2006 See Reverse for Instructions PS Form 3800.August 2006 See Reverse for Instructions q CHAD BEST : IN THE COURT OF COMMON FLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. /3 -5769 v. fah CCU CHRIS BOULOS co)r" '"� 'r Defendant CIVIL,ACTION -< -- °c , COMPLAINT -4 en 13Ackgrund 1. Chris Boulos has sent a Notice of Appeal to Chad Best, as Chris Boulos wishes to appeal the judgr nt in this natter, nude by Hon. Paula P Correa], docket number MJ-9304-LT-0000120-2013 (attached to this Complaint). 2. Hun. Paula Coneal lined in flavor of Chad Best it the annuli of$988.45 ion tent itt arrears, filing costs, costs, and server flees. Facts 3. Chad Best rented his residence located at 14 Lilac Dr, Mechanicsburg PA to Chris Boubs. There was ib written lease but an ongoing understanding that the marl of rent per nl nth was $465 as a fiat fee that covers all utilities. Chris Boulos accumulated rent-in-arrears debt of $853.78. Chad Best mac several attempts at negotiating a paym nt plan for Chris Boulos. Mr Boulos did not cooperate trying to resolve his debt. He vacated on 8/25/2013 before the eviction hearing in front of Hon. Paula Correal commenced on 9/3/2013. Cause of Action 4. For the same reasons before District Justice Cornea!in the court below,Plaintiff submits that this Court should rule for him. Cl-- F Bes Dated- November 1 2013