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HomeMy WebLinkAbout14-3819 ` COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM Cumberland County MAGISTERIAL DISTRICT JUDGEQJ)UDGME COMMON PLEAS No. 1��3d 1 IIIc 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.N0. NAME OF MDJ Primo Disanto MD 1-09-3-02 Honorable Vivian Cohick ADDRESS OF APPELLANT CITY STATE ZIP CODE 1858 Bradley Street Harrisburg PA 17110 DATE OF JUDGMENT ain (Defendant) 06-03-14 Thomas Kuhn, Jr., Ella L Kuhn Primo Disanto DOCKET No. SIGN R OF APPE NT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. �If apq nt was C ant (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. S gnature 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 Thomas Kuhn, Jr., Ella L. Kuhn appellee(s),to file a complaint in this appeal Name of appellee(s) ILA , 3 lg(Common Pleas No. )within twenty(20)days aft se of ru or suffer entry of of non pros. Signature of appellant or attorney or agent RULE: To Thomas Kuhn, Jr. Ella L. Kuhn ,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: 3f;U 14 -2) Signature of Prothonotary or Deputy XIP noo GNV�2�3 1v(1 YOU MUST INCLUDE A COPY OF THE NOTICE QF,4�1 d T/TRANSCRIPT FORM WITH TZIS NOTICE OF APPEAL. The appellee and the magisterial district j ge;6w�I� se }hb ju g ent was rendered must be served with a copy of this Notice pursuant to Pa.R.C.P.M.D.J. 1005(A). OP� p/& a12. 0 �yAOPC 312-05 'it 104, 3Pq OVIL COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-02 Thomas Kuhn Jr., Ella L Kuhn MDJ Name: Honorable Vivian Cohick V. Address: 55 Penn Drive Primo Disanto Newville, PA 17241 Telephone: 717-776-3187 Primo Disanto Docket No: MJ-09302-CV-0000047-2014 1858 Bradley Street Case Filed: 4/7/2014 Harrisburg, PA 17110 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition disposition Date MJ-09302-CV-0000047-2014 Thomas Kuhn Jr. Primo Disanto Judgment for Plaintiff 06/03/2014 MJ-09302-CV-0000047-2014 Ella L Kuhn Primo Disanto Judgment for Plaintiff 06/03/2014 Judgment Summary - Participant Joint/Several Liability Individual Liability Amount Ella L Kuhn $0.00 $0.00 $0.00 Primo Disanto $8,718.86 $0.00 $8,718.86 Thomas Kuhn Jr. $0.00 $0.00 $0.00 Judgment Finding ('Post Judgment) In the matter of Thomas Kuhn Jr.; Ella L Kuhn vs. Primo Disanto on MJ-09302-CV-0000047-2014, on 6/03/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $8,527.46 $0.00 $8,527.46 Costs $191.40 $0.00 $191-40 Grand Total: $8,718.86 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. ro1C n„^O Date Magisterial District Judge Vivian Cohick 1p"a 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:06/03/2014 9:47:48AM Thomas Kuhn Jr., Ella L Kuhn Docket No.: MJ-09302-CV-0000047-2014 V. Primo Disanto Participant List Plaintiff(s) Ella L Kuhn 2145 Newville Rd Carlisle, PA 17015 Thomas Kuhn Jr. 2145 Newville Road Carlisle, PA 17015 Defendant(s) Primo Disanto 1858 Bradley Street Harrisburg, PA 17110 MDJS 315 Page 2 of 2 Printed:06/03/2014 9:47:48AM 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 AFFIDAVIT: I hereby (swear) (affirm) that I served ss - Miq a copy of the Notice of Appeal, Common Pleas No14 . , upon the Magisterial District Judge designated therein on (date of service)ri- , 2014 , 0 by personal servjce by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name)Ella On /1") TA v4-1 AIL. 7-07 , 20 / 4 0 by personal servic sender's receipt attached hereto. (SW0fr1FFIRMED AND SUBVIBED BEFORE ME THIS --DAY 0 , 20 / Signature of official before whom affidavit was made '------Piv illut Tit e of official My commission expires on 3./9 20 Pi COMMONWEALTH OF PENNSYLVAN A NOTARIAL SEAL Sunni H. Elmore, Notary Public Susquehanna Twp., Dauphin County y CommissIon Expires March 19, 2013 o NOTARIE AOPC 312A - 05 by (certified) (registered) mail, ru D c0 ru D D Lrp lii ru m rR U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.coms '- • : ' • •4••• k: '‘of Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Sent To /la Street, Apt:* riix; or PO Box No, 11 e LLL, 2/ City. St 0 IP+4 I -16 PS Form 3800, August 2006 See Reverse for Instructions D r•- a- ru D Return Receipt Fee D (Endorsement Required) 1=3 Restricted Delivery Fee (Endorsement Required) ru ru D. e tic ail n ; o nsa n e • • For delivery Information visit our website at www.usps.como Postage Certified Fee m 1-4 r•- rJ frl tl ru ru nJ m rR r - Total Postage & Fees Postmark Here U.S. Postal Service. CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usPs.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Ole- z / ukIL ev-t,:ss / 70/c - COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by ( Printed Name' ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Se ice Type ertified Mail 0 Express Mall ❑ Registered .fetum Receipt for Merchandise ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7013 2250 0002 4487 0025 PS Form 3811, February 2004 Domestic Return Receipt 1dU10-4 SJO OOV NICLLSN.Hl SU • 1018 3111 01 dOl lv a3MMMus 33Vld SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: 11,N,err no,S a rt r ZtL 44.-U3‘1t 1SL (Z d c v `\s- 1��tJ 102595.02-M-1540 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by ( Printed Name' ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ,'Certified Mail 0 Express Mail ❑ Registered etum Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7013 2250 0002 4487 0032 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 3NIl 031100 .LV 0104 SS3000V Ntln13M 3H1 dO 1HOIH 311. O13dO13AN3 dO d011V tl3)I3LLS 30V'ld SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: Ah0✓a`J/e Vf viavi Coh;ck ��sfnct C . 61 -3 -aa 55 pe i' Or. Newv114*, P/ 1-72A1, COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee • C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type XCertified Mail ❑ Registered ❑ Insured Mail ❑ Express Mall icl Retum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service Labe° 7013 2250 0002 4487 0070 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02•M•1540; LAW OFFICES OF MATTHEW L. OWENS. ESQUIRE LLC 2595 INTERSTATE DRIVE. SUITE 101 HARRISBURG. PENNSYLVANIA 17110 LAW OFFICES OF MATTHEW L. OWENS, ESQUIRE LLC 2595 INTERSTATE DRIVE. SUITE 101 HARRISBURG. PENNSYLVANIA 17110 1ES POsi, 7013 2250 0002 4487 0025 Ella L Kuhn 2145 Newville Rd Carlisle, PA 17015 II .0: 02 1P 0003922407 JUL 02 2014 MAILED FROM ZIP CODE 17110 .4=I=INEEE AINEREEZIEZNY AINEN=TRO PITNEY BOWES $ 006.480 - Ill oes Posy. 40(6 PITNEY BOWES 7013 2250 0002 4487 0032 Thomas Kuhn Jr. 2145 Newville Rd Carlisle, PA 17015 02 1P 44" 0003922407 JUL 02 2014 MAILED FROM ZIPCODE 17110 $ 006.48° W OFFICES OF ' L. OWENS, ESQUIRE LLC ITERSTATE DRIVE. SUITE 101 BURG, PENNSYLVANIA 17110 CERTIFIED MAIL. Q ui 7013 2250 0002 4487 0070 Honorable Vivian Cohick District. Court No, 09-3-02 55 Penn Drive Newville, PA 17241 vyr• 51-1-4 "tl o4 f.S PpsrgC F �ArArertzszans X11 � 'PITNEY BOWES 7 02 1P $ 006.48° 0003922407 JUL 02 2014 MAILED FROM ZIP CODE 17110 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ella- L. kukk. 0111-Ic puiv0(1 /d 5,--1,1,J Ce 'O17,l A. Sigu B. Received by ( Printed Namet ❑ Agent ❑ Addresse C ' ate eliver D. Is delivery address different from item 1? 0 es If YES, enter delivery address below: 0 No 3. Seflvice Type entified Mall ❑ Registered ❑ Insured Mall ❑ Express Mail tRetum Receipt for Merchandise _C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) I PS Form 3811, February 2004 7013 2250 0002 4487 0025 SENDER: COMPLETE THIS SECTION Domestic Retum Receipt • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: ` ,errY; ZcS7',1/4b,0 "r is \ti 11.t d 0 p1� 102595.02-M-154 COMPLETE THIS SECTION ON DELIVERY A. Signature X V % ` , /r 0 Agent L. if�i❑ Addressee B Received by (Printed Name; C at ven D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail �etum Receipt for Merchandise ❑ C.O.D. 2. Article Number (Transfer fiu 4. Reskcted Delivery? (Extra Fee) 0 Yes 0131,,g2500002 448? 0032 )for4113.8.1 f; FopqT,. Dom�lbA,31urr�l ylpt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: 140horable Vr v•aA Coh;ck District C,.. -# 09-3-0a 55 Perri &' Newvt140, eA 102595-02-M-154 COMPLETE THIS SECTION ON PELIVERV 7 Apia B. Received by ( nted e) Agent 0 Addressee C. Date fDe(ivery i 011 from item 1? ❑Yes D. Is delivery address differe If YES, enter delivery a dress below: 0 No 3. Service Type Certified Mail 0 Express Mail ❑ Registered %Rf Retum Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7013 2250 0002 4487 0070 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 THOMAS J. KUHN, JR. AND ELLA K. KUHN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -ri v. CIVIL ACTION — LAW -0Z ..-Z-' .7 —I rrl C13 NO. 14-3819 PRIMO DISANTO, Defendants JURY TRIAL DEMANDED ...c.L.,. >r) PRAECIPE PRAECIPE FOR JUDGMENT OF NON PROS z c> > --e . , TO THE PROTHONOTARY: -.< ..--,.: Kindly enter Judgment Non Pros against Plaintiffs, Thomas J. Kuhn, Jr. and Ella K. Kuhn, and in favor of Defendant, Primo Disanto. I verify that a Complaint has not been filed within twenty (20) days following the service of the Rule in this matter. I certify that written notice of the intention to file this Petition was mailed or delivered to the party whom judgment is to be entered or to his/her attorney of record, if any, after failure to file a Complaint and at least ten (10) days prior to the date of the filing of this Praecipe. A copy of the notice is attached. Date: Law 0 Ma . Owens, Esquire LLC, B • Aridrew T avitz, Esquire *torney # 80142 595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Judgment Non Pros is entered by default for failure to file a Complaint. CERTIFICATE OF SERVICE I, Sunni Elmore, an employee of the Law Offices of Matthew L. Owens, Esquire LLC, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas Kuhn, Jr. Ella L. Kuhn 2145 Newville Road Carlisle, PA 17015 Katie J. Maxwell, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Date: \O /014