HomeMy WebLinkAbout13-7558 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. �'" / 5 S �G�� 1 4e r A L
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
Michael A Serluco 1 09-1-01 i Honorabe l C harles A. Clement Jr
ADDRESS OF APPELLANT CITY STATE ZIP CODE
400 North Front Street Wormleysbur PA 17043
DATE OF JUDGMENT IN THE CASE OF (Plaintiff (Defendantf
December 16, 2013 Lower Allen Township S 'chael Serluco
DOCKET No. SIGNAT E OF P LAN R ATTORNEY OR AGENT
MJ-091 01 -CV-00003532-2013
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 Lower Allen Township appellee(s), to file a complaint in this appeal
— 7 ¢ Name of appellee(s)
(Common Pleas No. 3 / (1 C u� ) within twenty (20) days a r se ce of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To Lower Allen Township 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.
f,3.) .TISe date of service.Cf this rule if service was by mail is the date of the mailing.
pa .�. /-� �ti 3 ` O �� t � 1l �tt � � { 5 —y t � `, d -} 3 n d W r}
t' - T - � A N I I C; N V t: 7 0 I i Sig lure of Prothonota a putt'
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
t '5 0L 10 C1 i. .! .
AOPC 312 -05
CSI`'
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ- 09 -1 -01 Lower Allen Township
MDJ Name: Honorable Charles A. Clement Jr. V.
Address: 920 Linda Lane Michael Serluco
Camp Hill, PA 17011
Telephone: 717- 737 -3434
Michael Serluco Docket No: MJ- 09101 -CV- 0000353 -2013
d /b /a Capital City Car Wash Case Filed: 9/25/2013
3525 Hartzdale Drive
Camp Hill, PA 17011
Disposition Summary (cc - Cross Complaint) F"
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09101 -CV- 0000353 -2013 Lower Allen Township Michael Serluco Judgment for Plaintiff 12116/2013
Judgment Summary � �
Participant JoinVSeveral Liability Individual Liability Amount
Lower Allen Township $0.00 $0.00 $0.00
Michael Serluco $0.00 $428.86 $428.86
Judgment Finding *PostJudgment)
In the matter of Lower Allen Township vs. Michael Serluco on MJ- 09101 -CV- 0000353 -2013, on 12/16/2013 the judgment was
awarded as follows:
Judament Component Joint /Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $320.00 $320.00
Costs $0.00 $108.86 $108.86
Grand Total: $428.86
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
JUDGMENT /TRANSCRIPT 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.
�/ �j /���, � � \ 011 "6 /��
DEC 1 6 201 x �
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: 12/16/2013 3:03:46PM
Lower Allen Township Docket No.: MJ- 09101 -CV- 0000353 7-2013
v.
Michael Serluco
Participant List
Plaintiff(s)
Lower Allen Township
2233 Gettysburg Road
Camp Hill, PA 17011
Defendant(s)
Michael Serluco
d /b /a Capital City Car Wash
3525 Hartzdale Drive
Camp Hill, PA 17011
MDJS 315 Page 2 of 2 Printed: 12/16/2013 3:03:46PM
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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 Cum el c. D ;ss
AFFIDAVIT: I hereby(swear)(affirm)that I served
13-15511 C+NI° /6`4
0/ a copy of the Notice of Appeal,Common Pleas No. ,upon the Magisterial District Judge designated therein on
(date of service) I h` ,20 P4 , ❑ by personal service �by(certified)(registered)mail,
sender's receipt attached hereto, and upon the appellee, (name) lO"eKi MitleA..4WW
1))..,20 14 ❑by personal service[( by(certified)(registered)mail,
sender's receipt attached hereto.
(SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS a. AY OFOtattark0 iy
/, / 'V-Ig ..
".n.turf of offic: •efore whom affidavit w.. made Signature of affiant
k M°1-4/1-1 PU.Lit t,
Title of official
My commission expires on b Iq,20D01,if
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Gail J.Mahoney,Notary Public
Lemoyne Borough,Cumberland County
My commission expires February 19,2014
AOPC 312A-05
U.S. Postal Service,.
rn CERTIFIED MAILTM RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
rn 0 For delivery information visit our website at www.usps.com.
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Scheduled Delivery Day: Fri 01/03/14
Return Rcpt (Green Card)
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CERTIFIED MAIL,., RECEIPT
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THE NO lHOJ
2014 FEB 14 Plat 3: 31
Michael A. Serluco d/b/a Capital City Carwash CUMBERLAND COUNTY
N Front Street Defendant
Wormleysburg, Pennsylvania 17043
(717) 761-3558
conprop @consolidatedproperties.com
LOWER ALLEN TOWNSHIP : IN THE COURT OF COMMON PLEAS
Plaintiff •. CUMBERLAND COUNTY, PENNSYLVANIA
v. • CIVIL ACTION — LAW
MICHAEL A. SERLUCO
d/b/a Capital City Carwash • NO. 13-7558 CT
Defendant
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly enter a judgment of non pros against the Plaintiff for his failure to file a Complaint.
Written notice of the intention to file this Praecipe was served upon the Plaintiff via US First
Class Mail on January 31, 2014. A copy of the 10-Day Notice and certificate of Service to
Plaintiff are attached hereto as Exhibits "A" and "B" respectively.
Michael A. Serluco d/b/a Capital City Carwash
BJ�'�"""`J�
Y•
Scott A. Staiger, Controller
/‘ .so ,90/
&PIS
pi-3o/as-
VeiX e- 4//e°
CERTIFICATE OF SERVICE
AND NOW, this 14th day of February, 2014, the undersigned does hereby certify that he
did this date serve a copy of the foregoing document upon the other parties of record by causing
same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill,
Pennsylvania, addressed as follows:
Lower Allen Township
2233 Gettysburg Road
Camp Hill, PA 17011
Michael A. Serluco d/b/a Capital City Carwash
-A21
By:
Scott A. Staiger
Ex ■A-N. 16T A
Lower Allen Township, • IN THE COURT OF COMMON PLEAS
Plaintiffs • CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 13-7558 CT
Michael A Serluco • CIVIL ACTION — LAW
Defendant
NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS
To: Lower Allen Township
2233 Gettysburg Road
Camp Hill, PA 17011
Date of Notice: January 31, 2014
IMPORTANT NOTICE
YOU ARE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A
COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE
DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS.
496451
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 NORTH FRONT STREET
HARRISBURG, PA 17101
TELEPHONE: (717) 232-7536
Michael A. Serluco d/b/a Capital City Carwash
By: S4-191-6-"ite+
Scott A. Staiger, Controller
496451
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Non Pros has been duly served upon
the Plaintiff, by depositing the same in the United States Mail, postage prepaid, in Camp
Hill, Pennsylvania, on January 31, 2014:
Lower Allen Township
2233 Gettysburg Road
Camp Hill, PA 17011
Michael A. Serluco d/b/a Capital City Carwash
./sS,495/-By:
� '1 ,
Scott A. Staiger, Controller
496451
LOWER ALLEN TOWNSHIP, • IN THE COURT OF COMMON PLEAS
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
v. • CIVIL ACTION — LAW
•
MICHAEL A. SERLUCO
d/b/a Capital City Carwash • NO. 13-7558 CT
Defendant
JUDGMENT
AND NOW, this_1�ay of �� 2014, a Judgment of Non Pros is
hereby entered against the Plaintiffs for a failure to file a Complaint.
BY THE PROTHONOTARY: