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Home My WebLink About13-7488 S COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of CUMBERLAND FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 1 ✓ �� G``��( 7 � 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 Jonathan Yeakel MDJ 09 - 3 - 05 Honorable Mark Martin ADDRESS OF APPELLANT CITY STATE ZIP CODE 6375 Mercury Drive, Mechanicsburg, PA 17050 DATE OF JUDGMENT (Pl aintiff) a en an 12/3/2013 Nicole Notarianni Jonathan Yeakel DOCKET No. SIGN OF APPELLA OR ATT MJ- 09305 -CV- 0000180 -2013 This block will be signed ONLY when this notation is required under Pa. If appellant was Clai (see Pa. . 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 Nicole Notarianni appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. .� / b � . within twenty (20) days aft vice suffer ent of judgment of non pros. ure o attorney or agent RULE: To Nicole Notarianni 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 was by mailo,J, e > fie a }ling. Date: 14,;,o 20/ . 1 :.x;13 I�1 vJ ....) ... A v = D A. 1. 1 r �I � e , Signature of Prothon t r Deputy HV O 33 YOU MUST INCLUDE A COPY OF THE NOTICE OF JtUj3C,Ml'[ /1'}dN$ICRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312 -05 C(as� I I COMMONWEALTH OF PENN SYL\t/-\, -.� p 44—� `` Notice of Judgment/Transcript Civi) COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -05 Nicole Notarianni MDJ Name: Honorable Mark Martin V. Address: 507 North York Street Jonathan Yeakel Mechanicsburg, PA 17055 Telephone: 717- 766 -4575 Jonathan Yeakel Docket No: MJ- 09305 -CV- 0000180 -2013 6375 Mecury Drive Case Filed: 1011712013 Mechanicsburg, PA 17050 Disposition Summary (�- Cross complaint} Docket No Plaintiff Defendant Disposition Disposition Date MJ - 09305 - 0000180 - 2013 Nico Notarianni Jonathan Yeakel Judgment for Plaintiff 12/03/2013 Judgment Summary Participant Joint /Several Liability Individual Liability Announ t Jonathan Yeakel $0.00 $1,941.96 $1,941.96 Nicole Notarianni $0.00 $0.00 $0.00 Judgment Finding ( *Post Judgment) In the matter of Nicole Notarianni vs. Jonathan Yeakel on MJ- 09305 -CV- 0000180 -2013, on 12/03/2013 the judgment was awarded as follows: Judament Component Joint /Several Liability Individual Liability Deposit Aonlie Amount Civil Judgment $0.00 $1,809.16 $1,809.16 Filing Fees $0.00 $132.80 $132.80 Grand Total: $1,941.96 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. i./ ✓ r I � k .t " ^ro,i w.a Date Magisterial District Judge Mark Martin O9 1t' certi t fat this is a true and correct copy of the record of e proceedings containing tie judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 12/03/2013 11:34:12AM Nicole Notarianni Docket No.: MJ- 09305 -CV- 0000180 -2013 V. Jonathan Yeakel Participant List - Plaintiff(s) Nicole Notarianni 473 Nursery Dr N Mechanicsburg, PA 17055 Defendant(s) Jonathan Yeakel 6375 Mecury Drive Mechanicsburg, PA 17050 MDJS 315 Page 2 of 2 Printed: 12/03/2013 11:34:12AM Mr. Jonathan Yeakel 6375 Mercury Drive Mechanicsburg, PA 17050 October 4, 2013 Dear Jonathan, On Thursday, October 3, 2013 at approximately 5pm, without prior notice, you vacated the premises which you provided rental payments to me on a monthly basis at a rate of $500 plus utilities and janitorial consumable since August 2010. During your rental period several payments were not received and several items, belonging to me and used by you, were damaged. As follow up to the email 1 sent on Tuesday, September 30, 2013 at 9:5l am, to which you have not responded, below is a list of the items for which you still owe to me: 1. August Utilities: $89 2. September Utilities: $93.42 3. October Rent for 3 days: $48.38 4. Damaged Carpet: $900.00 5. Damaged Mattress: $799.99 (the mattress is no longer on sale for $399.99 at Sleepy's) Total: $1929.80 Your payment for the above stated charges is due no later than Friday, October 11, 2013 at 5pm to me. If payment or an alternative arrangement has not been made by then, I will be forced file a claim with the District Court on Monday, October 14, 2013 seeking remedy for the above detailed charges. You did leave some personal items at my house. I am legally obligated to give you 10 days to retrieve your belongings. If you have not responded to me in 10 days from the date of this letter (Monday, October 14, 2013 at 5pm), I will discard these belongings. You may reach me via email at spagwo2002 @yahoo.com or via telephone at (812) 453- 5340. 1 look forward to hearing from you and resolving this issue in an amicable fashion. Thank you. Sincerely, Nicole L. Notarianni 473 Nursery Drive North Mechanicsburg, PA 17055 Please Note: This letter will also be sent Certified Mail to you. T 2014 JAN -3 AV, 10- 29 ]".UMBERIAND OUNI I PENNSYLVANIA SMIGEL,ANDERSON&SACKS,L.L.P. Jefferson J.Shipman,Esq. 4431 North Front Street jshjpman@sas11p.co Harrisburg,PA 17110-1778 David W.Park,Esq. (717)234-2401 dparkPsas11p.com- A ttorneysfor Plaintiff NICOLE NOTARIANNI, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CI-13-7488 JONATHAN YEAKEL Defendant. CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Plaintiff in the above-referenced matter. Respectfully submitted, SMIGEL, ANDERSON & SACKS,LLP Date: January 3, 2014 By: Jefferson J. Shipman, Esquire PA ID #51785 David W. Park, Esquire PA ID#315905 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff NICOLE NOTARIANNI, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CI-13-7488 JONATHAN YEAKEL Defendant. CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, David W. Park, Esquire, hereby certify that I, this day, have served a true and correct copy of Plaintiff's Praecipe for Entry of Appearance upon counsel for the Defendant by depositing the same in the U.S. Mail, first class, postage prepaid, and addressed as follows: Law Office of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Attorneys for Defendant Date: January 3, 2014 By: David W. Park, Esquire 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorney for Plaintiff c'J14 JAS —3 AN 110- SMIGEL,ANDERSON&SACKS LEI r, 'T,. Jefferson J.Shipman,Esq. 4431 North Front Street J p shi PENNSYLVANIA man(asasll com Harrisburg,PA 17110-1778 David W.Park,Esq. (717)234-2401 dpark@sasllp.com Attorneys for Plaintiff NICOLE NOTARIANNI, IN THE COURT OF COMMON PLEAS . Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CI-13-7488 JONATHAN YEAKEL Defendant. CIVIL ACTION - LAW PLAINTIFF'S PRAECIPE TO STRIKE APPEAL FROM DISTRICT JUDGE TO THE PROTHONOTARY: Kindly strike the appeal filed by the Defendant Jonathan Yeakel in this matter for failure to comply with Rule 1005B Pa. R.C.P.D.J. Date: January 3, 2014 By: _� Jefferson J. Shipman, Esquire PA ID #51785 David W. Park, Esquire PA ID#315905 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff rd AND NOW, this 3 day of January, 2014, pursuant to Rule 1006 Pa. R.C.P.D.J., the appeal is stricken. • 1 PROTHONOTARY NICOLE NOTARIANNI, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CI-13-7488 JONATHAN YEAKEL Defendant. CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I, this day, have served a true and correct copy of Plaintiff's Praecipe to Strike Appeal from District Judge upon counsel and/or parties as addressed below by depositing the same in the U.S. Mail, first class,postage prepaid: Law Office of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Attorneys for Defendant Date: January 3, 2014 By: r �� Jefferson J. Shipman, Esquire - PA ID #51785 David W. Park, Esquire PA I13#315905 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff