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HomeMy WebLinkAbout13-6133 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT / (/ Gr COMMON PLEAS No. 1 33 +— 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. r F RP�LANT � /�- G^ l/b MAG. DIST N0. 0 r 3 _ D' NAME 0 MDJ 1_ [ A4ms ADDRESS OF APP LLANT CITY STATE ZIP CODE (/07 04L t �u /7a 3'7 DATE OF JUDGMENT IN THE GA E TDf faint`fn (Defendant)' /6 F0 rf VS DOCKET No. SIGNATURE PF APP LANT OR ATTORNEY OR N MT 0000 ,115-.70)3 �, This block will be signed ONLY when this notation is required under Pa. I appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. 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. Signafure 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 J D,ln / ��'�- appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. / — 6 o y Z} within twenty (20) days after service of rule or suffer entry of judgment of non pros. _rer Signature of appellant or attorney or agent RULE: To y � �l.h �j �''� � , appellee(s) Name of appeffee(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 / 1a p 20 _ Signature ofProthonotaryo Deputy lNtfftUSNN _3 d YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRA�NSCRIPT�ORM`W 7111S NOTICE OF APPEAL. AOPC312 -05 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND "' ' Residential .ease Mag. Dist. No: MDJ- 09 -3 -01 John Forrester MDJ Name: Honorable H. Anthony Adams V. Address: 35 West Orange Street Tim Zimmerman, Ashley Burkett, Justin Shippensburg, PA 17257 Michael Gallo Telephone: 717-532-7676 __ . Justin Michael Gallo ____.___,_ -- - - - -- Docket No: --MJ- 09301 -LT- 000021 -5- 2013 -- 629 Mud Level Rd Case Filed: 9/25/2013 Shippensburg, PA 17257 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary (cc -Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09301 -LT- 0000215 -2013 John Forrester Tim Zimmerman Judgment for Plaintiff 10/08/2013 MJ- 09301 -LT- 0000215 -2013 John Forrester Ashley Burkett Judgment for Plaintiff 10/08/2013 MJ- 09301 -LT- 0000215 -2013 John Forrester Justin Michael Gallo Judgment for Plaintiff 10/08/2013 Judgment Summary _. ........__... ... Participant Joint /Several Liability Individual Liability Amount Ashley Burkett $0.00 $0.00 $0.00 John Forrester $0.00 $0.00 $0.00 Justin Michael Gallo $0.00 $0.00 $0.00 Tim Zimmerman $0.00 $1,798.65 $1,798.65 Judgment Findin g g ('Post Judgment) Portion of judgment for physical damages arising out of residential lease: $0.00 In the matter of John Forrester vs. Tim Zimmerman on MJ- 09301 -LT- 0000215 -2013, on 10/08/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $1,550.00 $1,550.00 Physical Damages to Property $0.00 $100.00 $100.00 Filing Fees $0.00 $97.50 $97.50 Server Fees $0.00 $51.15 $51.15 Grand Total: $1,798.65 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed: 10/18/2013 9:54:16AM John Forrester Docket No.: MJ- 09301 -LT- 0000215 -2013 v. Tim Zimmerman, Ashley Burkett, Justin Michael Gallo 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 O F COURT OF THE COURTURT 0F_9 � �AS 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 D AYS A FTER THE DATE OF ENTRY OF JUDGMENT IN WHICH_T_O_FILE_A_NOTI.C.E_OF. APPEAL. WITH _T.HE_P_ROTHONOTARY. /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. Date Magisterial District Judge H. Anthony Adams certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 10/1812013 9:54:16AM John Forrester Docket No.: MJ- 09301 -LT- 0000215 -2013 v. Tim Zimmerman, Ashley Burkett, Justin Michael Gallo Participant List Plaintiff(s) John Forrester 638 Mud Level Rd Shippensburg, PA 17257 Defendant(s) Ashley Burkett 629 Mud Level Rd Shippensburg, PA 17257 Justin Michael Gallo 629 Mud Level Rd Shippensburg, PA 17257 Tim Zimmerman 629 Mud Level Rd Shippensburg, PA 17257 MDJS 315A Page 3 of 3 Printed: 10/18/2013 9:54:16AM IN THE COURT OF COMMON PLEAS OF JOHN W. FORRESTER, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. No. 13-6133 JUSTIN M. GALLO, Defendant CIVIL ACTION—LAW -cat `" -� v rr}r •c ,I PRAECIPE TO TERMINATE SUPERSEDEAS n me _4 C O F-} :A Please terminate the supersedeas in the within action for failure of the appellanflo p` monthly rental in the amount of five hundred dollars ($500.00) as required by Pa.R.C.P.M.D.J. No. 1008 when it became due. WEIGLE & ASSOCIATES Pf. •x: A/AL ce aro Jerry A. Wei: e, Esquire Attorney for Plaintiff Attorney ID 01624 126 East King Street Shippensburg,PA 17257 717-532-7388 Noltf--4*-41- 3 ,c44,„1,44,44_4. „tiA/m-,A.4"t"t y- • erritentefEl WEIGLE & ASSOCIATES, P.C. — ATTORNEYS AT LAW — 126 EAST KING STREET — SHIPPENSBURG, PA 17257-1397