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HomeMy WebLinkAbout05-1165TH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. per- 1((ps C.01 NOTICE OF APPEAL ma" y ams Notice is given that the appellant has filed 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. 1 IhJ-b Tom- Map CV -0()0000,g - This block will be signed ONLY when this notation is required under Pa. If app4lant was laima a 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 District Justice, will operate as a before a Distri Ju e, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after (ling the NOTICE of APPEAL. signature of Pmtho, ary 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 nde upon ?? appellee(s), to file a complaint in this appeal I Name ofappellee(s) (Common Pleas No. Cl ii ) within twenty (20) d+ RULE: To M0'n4 S41 , appellee(: / l„ Name o/ Gappallee(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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: /rt4l'l t[ , 2005 t21- J Signature ota 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 ; as 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 (date of service) 20 , ? by personal service ? by (certified) (registered) mall, 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 Signature of official beliem whom affidavit was made - Title of official My commission expires on ,20 slgnatore of afhant C7 a O n m M c.n In- Cfl AOPC 312A - 02 -COMMONWEALTH OF PENNSYLVANIA r.0I INTV 0F• CUIt3ERLAND 09-3-02 MDJ Name: Hon. HELEN B. SHULENBERGER Address: PO BOX 155 27 W BIG SPRING AVENUE NZWVILLE, PA Telephone: (717 ) 776-3187 17241 NOTICE OF JUDGMENT17RANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FSTUM, NARY G 1058 ALEXANDER SPRING RD CARLISLE, PA 17013 L J vs. DEFENDANT: NAME and ADDRESS rGARDNER, ROBERT J 800 POSSUM LASE RD CARLISLE, PA 17013 ROBERT J. GARDNER L J 800 POSSUM LAT.B RD Docket No.: CV-0000008-05 CARLISLE, PA 17013 Date Filed: 1/13/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) S,r:nr _ MARY n ® Judgment was entered against: (Name) aA4nNER F unift"T a in the amount of $ g, i a0.15 on: (Date of Judgment) 2122405 Defendants are jointly and severally liable. (Date & Time) ? Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ 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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSORIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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. - L-Z ate , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ , Magisterial District Judge My commission expires first Monday of January, 2006 . SEAL AOPC 315-05 DATE PRINTED: 2/22/05 10:49:50 AN c ? 14), 1 ? P ,ern :` ?. cn ;g;3n 14241 ru - m o - - ,. o p5 IEnac rs nv rh f M Res nc ea feu v 1(f, i![i e.. {End?u urn oM?au:= I) m 442 14 0311(1 219. . ? ?5 nt T / o, - 6f eaf A01 M I?or FO Boz N. I r IV 46 V C7Y. Mate, fJPS ? b PROOF OF SERVIC: (377rs proof ofse. vxe MUST BE FILLD i COMMONWE LTH OF PENNSYLVANIA, COUNTY OF rl AFFIDAVIT: I hereby (swear) (affirm) tsi : >-;. d fJl rn _ L `-r C7 ?tft rICE OF APPEAL AND RULE TO FILE COMPLAINT -N (10) DAYS AF?ER fitmg of the notice of appeal. ^heck s?i,?,•;7rcdtie boxes } as a copy of the Nuoce of Api•r• r amen Pleas No 0S- I1 05' Upon the District. Justice designated iherom on 12 .- (date of service) 20 D"by pen onal?See?rvice 1 by {certinad; registe red,1 mao, sender's receipt attaches hrsf : ,,id upon the appeid?e i`name) ° 1 . k a 'oil D by Personal service Vpy (cafli%ed) (registered) mad, J ,/ ) ! 0 sender's receipt of pct ec he.r ? r MED) AND) SUBSCRIBED BE L E ME DAY ?? ( '''' .?igndmre ofaf imn( Y ? L oro w om SU d,Hs?& hGri P, r _ Arty r.oMmtssmrrpxrnras on ?' { --.23 u,??. i' AtDfC312A-G2 .? ? ? ,yam ?,4 ,? COMMUNWEALIM OF I t:NNS COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 District Justice On the date and in the case referenced below. RESS OF APPELLANT CITY STATE v DATE OF JUDGMENT IN THE CASE OF (Plaintl#) (De/entlapp' DOCKET No.? SIGNANRE OF APPELLANT ATTAR V AGENT IOR y q 1. 1.... 8 ? F This block will be signed ONLY when this notation is requvea Unaer Y& u appoiam wasl.launarrr, C( ee va. mu.v.u.?. rvu. ruur(ur ill euuun R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a Distriet,Jysttce, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. Sgnalure o(ProlhonWaryor Depory 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 appellee(s), to file a complaint in this appeal Name of appellee(el (Common Pleas No. ) within twenty (20) days aftgrservice of rule ¢r sif):fer egtry of judgment of non pros. l Signature of appellant or attorney or agent RULE: To rr"(r„{ ,_1.,,?, 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 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 o/PmMonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTirrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-D2 COURT FILE COMMONWEALTH OF PENNSYLVANIA Cnl INTV nF CUMBERLAND Mae. Dist. No.'. 09-3-02 MDJ Name'. Hon. HELEN B. SHULHNBERGER Address' PO BOX 155 27 W BIG SPRING AVENUE NENVILLE, PA Telephone. (717 ) 776-3187 17241 COMMON PLEAS NOTIFICATION PLAINTIFF. REQUEST FORM NAME and ADDRESS rSTUM, MARY G ? 1058 ALEXANDER SPRING RD CARLISLE, PA 17013 L J vs. DEFENDANT: NAME and ADDRESS rGARDNER, ROBERT J 800 POSSUM LAKE RD CARLISLE, PA 17013 HELEN B.'SHULENBERGER L J PO BOX 155 Docket No.: C{T-0000008-05 27 W BIG SPRING AVENUE Date Filed: 1/13/05 NEWVILLE, PA 17241 Disposition Date: 2/22/05 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 junstiction, or improper venue. - WRIT DISMISSED - magisterial district judge decision was not found to be flawed, lacking jurisdiction, or having imp oper 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. A0l7298-05 DATE PRINTED: 3/10/05 10:30:08 AM %?UMMUNWEALTH OF PENNSY (+r'rMV vc r. n ran ?ulv I r ter: - M.g,aS.Ntl._ 09-3-02 awme: ntl. Helen B. Shulenberger Atltlress 27 west Big Spring Avenue P.O. Box 155 Newville, PA 17241 T? cne. 1717 i 776-31 87 AMOUNT DATE PAID FIUNG COSTS S SERVING COSTS S TOTAL S f 5-5 . 5D 1 113 / OS' CIVIL COMPLAINT PLAINTIFF: NAME aid ACCREss rMary G. Stum 7 1058 Alexander Spring Road Carlisle, PA 17013 L J v5. DEFENDANT: ? EaneAOCaE>s r ?+ Robert J. Gardner 800 Possum Lake Road Carlisle, PA 17013 L J DocketNo.:(, V-8-05 Date Fled: r111 l0? TO THE DEFENDANT: The above named plaintiff (s) asks judgment against you for S 8 , 000 00 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): Plaintiff advanced payments on behalf of Defendant, her son, from October 27, 1997 until April 15, 2004 based on his promise to repay her. 1, Stephen J. Hogg, Esguire verity that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made su act to the penalties of Section 4904 of the Crimes Code (18 PA. S.C.A. § 4904) related to unsworn falsficaliin to 2uutho?rities. Attorney: es Stephen J. Hogg, Esquire Address: 19 S. Han6ver St.,_ Ste. 101 Telepharc (71 7) 245-2698 Carlisle, PA 17013 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 30BA-94 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUN ERLAND Dist. 09-3-02 MDd Name'. Hon. HELEN B. SBULENBERGER "ad'e$5 PO BOX 155 27 N BIG SPRING AVENUE NEIIVILLE, PA Teieohane (717) 776-3187 17241 BELEM B. SBULENBERGER PO BOX 155 27 W BIG SPRING AVENUE NEWILLE, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: NOTICE OF JUDGMENTrrRANSCRIPT CIVIL CASE PLAINTIFF'. NAME and ADDRESS FSTUN, NARY G 1058 ALEXANDER SPRING RD CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS FGARDNER, ROBERT J 800 POSSUK LAKE RD CARLISLE, PA 17013 L Docket No.: CV-0000008-05 Date Filed: 1/13/05 (Name) ATmr.-NARY a ® Judgment was entered against: (Name) aAOnywip RnsRRm T in the amount of $ A, i 4a _ i s on: El Defendants are jointly and severally liable. El Damages will be assessed on: E This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ 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 THE 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 JUDGEMENT 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. a act --U-;;te , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2006 . (Date of Judgment) 2122tn5 (Date & Time) Amount of Judgment $ 8.000.001 Judgment Costs $ 140.15 Interest on Judgment $ .00 0 Attorney Fees $ .0 Total $ 8,140.15 Post Judgment Credits $ Post Judgment Costs $ ------------ Certified Judgment Total $ , Magisterial District Judge SEAL AOPC315-o5 DATE PRINTED: 2/22/05 10:49:50 AN Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb tiCauntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ( K - // G,s 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 • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573