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HomeMy WebLinkAbout05-1541COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. doo'5?' 6y/ A r r-l 1 Mart423 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAMES D.1 C01*S0L bA,T 1 o?ER?TES fly, -fJl `C lo-"e" ? ADDRESS OF APPELLANT CITY STATE ZIP CODE Lq0 U N F ROVJT Sr \PJ13w KL-e\1S't;v G P I7c^u3 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) "LI'a-5{ °?rJ 1? C?cr ?JOi1C?4c? Tf?O - '? •?e'? C VS. Jl'C?Crt ????h Cl-'2. JOfG?'1 CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT YEAR LT LT YEAR OG'G10O 'It 110 -o 5 . This block will be signed ONLY when this notation is required under PA. It appellant was Claimant (see PA R C P J P R.C.P.J.P. No. 1008B. . . . . . This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. gna re a ro ono ry or epu y 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.J .P. 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 appellees) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To appellee(s) Name of 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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , Year White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy of Prothonotary or Deputy Froth. - 76 Gr?' N }- G G ?? x o :) d_ wc O Cn N 3 Cyw Q _ `'1u7 SC t? Li d 0 o N 0 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; as AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) year by personal service E]by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on _,year, ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year ____, ? by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF _, YEAR __ Sgnatme of ABiant Sgnsture of offictal before whom affidavit was made Tifle of official My commission expires on _ , year- ' /COMMONWEALTH OF PENNSYLVANIA (`nl INITV nF 'CUMBERLAND Mag. 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOWNS COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rCONSOLIDATED PROPERTIES 7 400 NORTH FRONT ST ATTN: SCOTT STAIGSR LWORMLSYSBURG, PA 17043 1 vs. DEFENDANT: . NAMEand ADDRESS rSERRA, FELIX & DEBORAH 37 A 13TH STREET NEW CUMBERLAND, PA 17070 J L CONSOLIDATED PROPERTIES 400 NORTH FRONT ST Docket No.: LT-0000096-05 ATTN: SCOTT STAIGSR Date Filed: 2/10/05 WORMLSYSHIIRG, PA 17043 94 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) CONSOLIDATED PROPSRT • ISS Judgment was entered against SERRA• FSLIE & DEBORAH in a Q Landlord/Tenant action in the amount of $ 109.00 on 2/25/05 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 1,200 00. The total amount of the Security Deposit is $ 1,200.00 Total Amount Established by MD? Less - Security Deposit Appplied = Rent in Arrears $ . 00 -$ .00 = Physical Damages Leasehold Property $ 634.63-$ 634.63 = Damages/Unjust Detention $ 456 _37 - $ 456. 37 = 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 ? 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 $ .00 $ 109.00 $ -00 a 109.00 ? 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 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. FEB 2 5 2005 Date ( Q , Magisterial District Date , Magisterial District M commission expires first Monday of January, 2008. SEAL AO C 315A-0 c3 w r ? ? r yy c - te .- a {a ?f h t7 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0,W71bCrtl6j J ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. ;LooS - U y t"k k L%N14% , upon thle District Ju 1tL-I (date of service) i'?caW C.%N aAW _, year ?600!; by personal service Qby (certified) receipt attached hereto, and upon the appellee, (name ZlZ44X%_I i Mae-cV, 30 , year ?44W%5_, ? by personal service applicable boxes) designated therein on stared) mail, sender's on mail, sender+s receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the whom the Rule was addressed on year ? by personal service mail, sender's receipt attached hereto. I to (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF (X , YEAR ?D?. Signature of Aelanf Signature fore whom of if wa m Tdle al allkial rya O ? O T My commission expires on, __ , year COMMONWEALTH OF PENNSYLVANIA S Deborah J. Zesrnan, Notary Pudic Lemoyne Bom, Cumberland Cotnly CJ •,,.. :, f My Commission Expires Nov. 17 2008 - , , Member. Pennsylvania Association Of Nolades -i .+r!',,: y.p .:W . ......e,. Ci:MMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 400 5-7- /? YI - y -' ' ?- 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE L-i O C N F P, 0 W7 ST \,"J C Q, M L E Y' i" v' C' DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) ' V4??L7 V1 "7) f,-'.., VS. 0El i Ff. .L t CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR LT YEAR This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10088. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. gna ure o ro ono an, or Deputy I 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.J.P. No. 1001(7) inaction 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 appellees) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To appellee(s) Name of 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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date;` Year _ Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Froth. - 76 Gold - D. J. Copy CAMP HIL Pennsylvania 1 0113717 4134 70011-0096 03/30/2005 (80 )275-8777 12:45:59 PM Product Sal Unit Final Description Oty Price Price NEW CUMBERLAND PA 7070 $0.37 First-Class Return !Receipt ( een Card) $1.75 Certified $2.30 Label 'Serial A: 170031680000192098819 Is$ Pill: $4.42 Total: $4.42 Paid by: Cash Change Due: Bi11N: 1000401623 Clerk: 03 - All sales final Refunds for gu hank yon $10.00 -$5.58 tamps and postage, - sed services only. your business. Copy m .. .. or 0 U. S E NQUpBERI 7)77 J P0 N or Postage $ () ? O certified Fee $2.30 0 11 3 tr k P C3 nar os 0 Retum Redept Fee (Endomemem Requtred) $1.75 re ) C3 Rea0lcted OelNery Fee $R On ZQ?S c0 (ErWOBemeMRequlred) -0 r9 Tofal Postage & Fees 44.42 .,$ 03(3{2005 fT S ` ? ox No. !n C1ry,Smre.LP.4 'tNk C f ??,,, ?QI`f•O ,boos- Isv? Mao STIPULATION AGAINST LIENS THIS AGREEMENT made the u °day of 2005, by and between GERALD E. BROWN, of Ga?rlisle Pennsylvania, hereinafter referred to as Contractor, AM, raj alz Cfd 2(0 eA45 AND Gerald E. Brown and Linda L. Brown, husband and wife, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a residential dwelling on that certain lot of ground situate in Cumberland County, Pennsylvania 4.3003 acres and being Lot No. 1 as shown in Plan Book 83, Page 36 more described in Deed Book 267, Page 2139. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contract for and in consideration of the sum of ($1.00) Dollar to Gerald E. Brown in hand paid Owner, the receipt whereof is hereby acknowledged, and the further considerati mentioned in the agreement aforesaid, for themselves and their subcontractors, and parties acting through or under them, covenant and agree that no mechanic's liens claims shall be filed or maintained by them or any of them against the said buildings the lot of ground appurtenant thereto for or on account of any work done or materi furnished by them or any of them under said contract or otherwise, for, towards, in, about the erection and construction of the said buildings on the lot above described, the said Contractor, for themselves, their subcontractors and others under them here expressly waive and relinquish the right to have, file, and maintain any mechanic's li or claims against the said buildings or any of them, and agree that this instrume waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals this Z,o lee, day of 4 20+ Gerald E. Brown, contractor GeraldjE. Brown, ownex L. Brown, Signed, Sealed and Delivered In the Presence of ACKNOWLEDGMENT FOR CORPORATION STATE OF PENNSYLVANIA COUNTY OF SS On this, the _ day of 2005, before me, a Notary Public, personally appeared , know to me to be the person whose name is subscribed as and who acknowledges himself to be the a corporation, and that he as such being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the corporation by himself as IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and first above written. Notary Public ACKNOWLEDGEMENT FOR INDIVIDUAL COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ON THIS, the ?2Z day of M11 2005, before me, t undersigned officer, personally appeared(,,., r (k -, ?, tj,,CIJP ,("known me (or satisfactorily proven) to be the person whose name is subscribed to the witl instrument, and acknowledged that she executed the same for the purposes there contained. IN WITNESS WHEREOF, I hereunto set my hand and offs ' 1 seal. NOTARIAL SEAL ?7 SHELLY SEXTON, Notary Public C lisle Boro, Cumberland County ar (SEAL tMy Commission Expires April 26, 2007 Notary Public J ?? .,...? C ?.? ?_\ `v.{ N ,-> r.' <.:+ r??? ;.? V'' i!-? ?-. 47 !< G fC LJ yi J O. J O 7 .? 5 h? -?, F??n '{y? 5? -r, %?' n C? '' "s- T'n f.,. ?? G? ?J ?5! Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberrattb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor S - I15q 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