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Home My WebLink About13-7390 r " COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT ) COMMON PLEAS No. 13 73 / 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 Keri Smith 1 09-1-01 Charles A. Clement, Jr ADDRESS OF APPELLANT CITY STATE ZIP CODE Salon 224 224 Market Street New Cumberland PA 170170 DATE OF JUDGMENT IN THE CASE OF (PlaintiM (Detendano' 11115/2013 Mark McCauslin �s Keri Smith DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ-091 01 -CV-0000358-2013 John M. Kerr, Esquire IwA 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. 1008B. 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 Mark McCauslin appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. , 7,��f' G; v`;1 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Mark McCauslin 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 ycu by personal service or by certified or registered mail. (2) If you'do not files - complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. The�date of service of this rule if service was by mail is the date of the mailing. Date'.- P01 .r . V I N VAI ), S l N� d Ignature Prothonotary or Deputy You MUST lNCCUDE 4 OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEA AOPC 312 -05 ,/, 4 ?;7 Li COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -1 -01 Mark McCauslin MDJ Name: Honorable Charles A. Clement Jr. V. Address: 920 Linda Lane Keri Smith Camp Hill, PA 17011 Telephone: 717 - 737 -3434 Keri Smith Docket No: MJ- 09101 -CV- 0000358 -2013 Salon 224 Case Filed: 1011/2013 224 Market Street New Cumberland, PA 17070 cc- Cross Complaint) Disposition Summa ( p ) Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-091 01 -CV-0000358-2013 Mark McCauslin Keri Smith Default Judgment for Plaintiff 11/15/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Keri Smith $0.00 $8,296.50 $8,296.50 Mark McCauslin $0.00 $0.00 $0.00 Judgment Finding ("Post Judgment) In the matter of Mark McCauslin vs. Keri Smith on MJ-091 01 -CV-0000358-2013, on 11/15/2013 the judgment was awarded as follows: Judament Component Joint /Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $8,125.00 $8,125.00 Costs $0.00 $171.50 $171.50 Grand Total: $8,296.50 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 JUDGMENTITRANSCRIPT 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. 11/1.5/2013 Date Magisterial District Judge Charles A. Clement Jr. certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 11/18/2013 12:53:35PM I Mark McCauslin Docket No.: MJ-091 01 -CV-0000358-2013 V. Keri Smith Participant List Plaintiff(s) 1 Mark McCauslin 705 3rd Street New Cumberland, PA 17070 Defendant(s) } K , eri Smith � 1 224 Market Street New Cumberland, PA 17070 MDJS 315 Page 2 of 2 Printed: 11/1 )2.53:35PM ►P John M. Kerr, Esquire ''' +i l,;p r.. John M. Kerr Law, P.C. j j 5020 Ritter Road CUMBER/. 'fi(l Suite 104 PE) N vl A e Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 kerrlaw @comcast.net MARK MCCAUSIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • • v. : NO.: 2013-7390 : CIVIL KERI SMITH, • Defendant AFFIDAVIT OF SERVICE I, John M. Kerr, Esquire, hereby verify that I served a true and correct copy of the Notice of Appeal upon The Honorable Charles A. Clement, Jr., Magisterial District 09-1-01 by United States Postal Service, first class mail, postage prepaid, certified, on the 24th day of December 2013. The return receipt signed by the Defendant is attached hereto; and I hereby verify that I served a true and correct copy of the Notice of Appeal upon Mark McCauslin, Plaintiff, by United State Postal Service, first class mail, postage prepaid, certified on the 24th day of December 2013. 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 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Respectfully submitted, JOHN M. KERR LAW, P.C. January 10, 2014 }1!. ✓ Joh M. Kerr U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) ...a For delivery information visit our website at www.usps.com® cO N^ 1 ttt li Postage , $3.10 'Ii) Certified Fee Q Return Receipt Fee $2.55 dare rk O (Endorsement Required) Restricted Delivery Fee $0. 3 :\ (Endorsement Required) Total Postage&Fees $ 34.11 12/24/2013 Sent To � �� ,�`C-' L- eet,Apt.Nq.; City,State,ZIP+4 ■ V\<< >>c .� \O \. PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse /`r��j ❑Addressee so that we can return the card to you. B. • eiv by�(Printted Na ) Da of D • ery • Attach this card to the back of the mailpiece, lZ �� 7 or on the front if space permits. I. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No \-\\ w j S rvice Type Certified Mail ❑Express Mail `' ❑ istered ❑Return Receipt for Merchandise t l ❑Insured Mail ❑C.O.D. L> ` 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from servicelabeq 7013 0600 0000 0845 8664 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service TM CERTIFIED MAILTM RECEIPT ,-i (Domestic Mail Only;No insurance Coverage Provided) _0 For delivery information visit our website at www.usps.com® 43 • t ",, r' t r I co u1 f f Postage C7 Certified Fee •1)) Return Receipt Fee $2.55 .I ostmark (Endorsement Required) A,Here C7 Restricted Delivery Fee $0.00 1, (Endorsement Required) Total Postage&Fees $ X6.11 12/24f2 O Sent To r9 Street,Apt.No, _ C7 or PO Box No. ) ,� .L c )\ dX State,ZIP+ PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION GOI.,''LETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si re - item 4 if Restricted Delivery is desired. X , / Agent II Print your name and address on the reverse \I ❑Addressee so that we can return the card to you. B. Received b (Printed Name) C. Doe ofn�l,ivery • Attach this card to the back of the mailpiece, 1— U I -i IZ/NI 3 or on the front if space permits. - t D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No \\(..v\_\\1\,1LLo 3S Ice Type ` -sm• z�� y�c\ Certified Mail ❑Express Mail ❑ egistered ❑Return Receipt for Merchandise \ `AO 'Zb ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7013 0600 0000 0845 8671 (Transfer from service� PS Form 3811,February 2004 Domestic Return Receipt 102595-0; M-1540