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HomeMy WebLinkAbout05-1040COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ?J ' ??O ?; J NOTICE OF APPEAL Notice is given that the appellant has fled in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. S vs L 1- (7corx) A- CDs- INS DioDK will be signed ONLY when this notation Is required under Pa. 411appipllant 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 District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature or 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) 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 , appellee(s) Name or 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 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 -------------- Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY 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 ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (dale of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 _.__._.. _.m _.._..._._._...._ _._._._ Signature oteffianf signature of official before whom of hfavit was made My commission expires on 20 ?Ui ari ?-rr c? n E w ? ? cal e 0 AOPC312A-02 COMMONWEALTH OF PENNSYLVANIA nnI INITV nP- CUMBERLAND Maq. 09-3-02 MDJ Name: Hon. HELEN B. SEMEHBERGER Address' PO BOX 155 27 N BIG SPRING AVENUE NENVILLE, PA Telephone'. (717 ) 776-3187 17241 SCOTT & LOIS ALSTON 180 ALTERS ROAD CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rALSTON, SCOTT & LOIS 180 ALTERS ROAD CARLISLE, PA 17013 L J vs. DEFENDANT: NAME and ADDRESS rF-OX JR, HARRY H P. O. BOX 476 DILLSBURG, PA 17019 L J Docket No.: LT-0000019-05 Date Filed: 2/14/05 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) ALSTON, SCOTT & LOIS Judgment was entered against FOX JR, HARRY H in a ® Landlord/Tenant action in the amount of $ . 00 on 2/14/05 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less - Security Deposit Appplied = Rent in Arrears $ . 00 - $ . 00 = = Physical Damages Leasehold Property $ .00-$ .00 Damages/Unjust Detention $ 00 - $ -on = Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. ? Possession granted. ? Possession granted if money judgment ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Adjudicated Amount .00 $ .00 $ _00 $ .00 $ ee $ .00 $ .00 $ _00 $ .00 ? Defendants are jointly and severally liable. 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 COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. 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. IF A PARTY WISHES TO APPEAL ONLY 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 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 MagisterialDistrict Judge certify that this is a true an correct copy the recor o e procee Ings containing t e Iu gment. Date , Magisterial District Judge M? commission expires first Monday of January, 2006 SEAL AO C 315A-5 COMMONWEALTH OF PENNSYLVANIA rni wrv nF• CUMBERLAND 09-3-02 MDJ Nam¢. Hon. HELEN B. SHULENBERGER Address' PO BOX 155 27 N BIG SPRING AVENUE NENVILLE, PA Telephone. (717) 776-3187 17241 DS- 1ogb C- C>t'?r,, COMMON PLEAS NOTIFICATION PLAINTIFF: REQUEST FORM NAME and ADDRESS fFOa, ,rR, BARRY H ? PO BOX 476 DILLSBURG, PA 17019 L J vs. DEFENDANT. NAME and ADDRESS RALSTON, SCOTT 6: LOIS 180 ALTERS RD CARLISLE, PA 17013 L J HELEN B. SHULENBERGER PO BOX 155 Docket No.: LT-0000019-05 27 W BIG SPRING AVENUE Date Filed: 2/01/05 NA WILLS, PA 17241 Disposition Date: 2/14/05 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judge CIVIL-LANDLORD/TENANT APPEAL - APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. MAGISTERIAL DISTRICT JUDGE DECISION UPHELD - court has reached the same decision as the magisterial district judge judgement. MAGISTERIAL DISTRICT JUDGE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI - WRIT STRICKEN - appeal has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. MAGISTERIAL DISTRICT JUDGE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of juristiction, or improper venue. WRIT DISMISSED - ma isterial district judge decision was not found to be flawed, lacking jurisdiction, or having Improper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC 7298-05 DATE PRINTEDs 3/11/05 12:01:23 PM COMMONWEALTH OF PENNSYLVANIA and IrJTV nF? CUMBERLAND 09-3-02 MDJ Name: Hon. HELEN 8. SHULENBERGER Address: PO BOX 155 27 W BIG SPRING AVENUE NZWVILLE, PA Telephone: (717) 776-3187 17241 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS FALSTON, SCOTT & LOIS 180 ALTERS ROAD CARLISLE, PA 17013 L DEFENDANT: FFOX JR, BARRY P. O. BOX 476 DILLSBURG, PA J VS. NAME and ADDRESS H 17019 HELEN B. SHULEBSERGER L J PO BOX 155 Docket No.: LT-0000019-05 27 N BIG SPRING AVENUE Date Filed: 2/14/05 NSNVILLE, PA 17241 CROSS COMPLAINT 001 RW THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) ALSTON, SCOTT & LOIS Judgment was entered against FOX JR, HARRY 8 in a Landlord/Tenant action in the amount of $ .00 on 2/14/05 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Appplied = Rent in Arrears $ . 00 - $ . DO Physical Damages Leasehold Property $ . 00 - $ .00 Damages/Unjust Detention $ 00 -$ on - Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) UT Judgment Amount Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees El This case dismissed without prejudice. 1-1 Possession granted. Possession granted if money judgment L?J Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Adjudicated Amount 0 $ .00 $ _00 $ _00 $ 00 $ _00 $ _00 $ _00 $ .00 ? Defendants are jointly and severally liable. 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 COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. 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. IF A PARTY WISHES TO APPEAL ONLY 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 PROTHONOTARYICLERK 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 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 certify that this is a true an correct copy the recor o e proceedings containing t e iu gment. Date Magisterial District Judqe M AOXCcommission expires first Monday of January, 2006 SEAL 315A-D5 COMMONWEALTH OF PENNSYLVANIA (.f) IMTY (')F- CUMERLAM MDJ Name. Hon. 09-3-02 BBLSN B. SMMZNBSRGER AOdmss PO BOX 155 27 N BIG SPRING AVEMM NBNVILLB, PA 17241 Telephone (717 ) 776-3187 AMOUNT DATE PAID FILING COSTS $ POSTAGE $ / SERVICE COSTS $ CONSTABLE ED. $ TOTAL $ / CIVIL COMPLAINT PLAINTIFF. 4 L015 r , ? DDRESS Al5 NAM Pcand rA? ?o AN er s ?L?d L C<<s1e, ?? V`Io13 vs. DEFENDANT: NAME and ADDRESS L Docket No.: (_T ( q _ C7? Date Filed: Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. 7 J 7 J TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 11 ? 91. _c f] ho `(j together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): , 'U O-AaC4d z I, 'L Q \ 5 M, 1? ?L 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This state ent is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to un orn f s f ta(Signature of lamtit or Authanz Agent) Plaintiff's Attorney: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. Address: AOPC 308A-05 ? Y Invoice # C DATE -T-INVOICE 121112004 - 03-154 BILL TO j Harry Fox, Jr. SHIP TO 180 Alters Road Carlisle, PA P.O. NUMBER I TERMS REP T SHIP -T VIA F.O.B. r PROJECT 12/1/2004 ? ? ?..- -_-.?-.- _ --_ _ - . __ _- PRICE EACH . ? -- --- --- AMOUNT QUANTITY ITEM CODE DESCRIPTION 32.5 SC2 Hours Labor 2 men Aril 2004 20.00 650 00 Clear Out Exterior Wash House Shed (ground floor ONLY) Disposed of all contents free of charge thru spring clean up. Contents left by many previous tenants (for many, many years). i 26 SC2 Hours Labor (2 men) June 2004 20.00 520.00 Clear out and dispose of all contents in cellar are from previous tenant. 1.5 SCI ( Hours Labor (1 man) July 2004? 10.00 15.00 Stake pine tree upright after storm damage (lower left of property). 12 SCI Hours Labor (1 man) Sept 2004 10.00 120.00 Prune stand of (3) trees to right rear of house. 2 SCI Hours Labor (1 man) Sept. 2004 15.00 30.00 Clear exterior plumbing vent (for bubbling sinks; 4 SCl Hours Labor (1 man) Nov. 2004 10.00 40.00 j I Remove pine tree downed in neighbors yard from storm 1 damage. (lower left of property)- Total $1,375.00 ? ??1.L?lA? -??ik6?rlUx+-7U.8 X, Curtis R. Long Prothonotary office of the i3rotbonotary Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 09 - 1(-> 14b CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R. C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square 0 Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717)7An_Ac'7*2