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/&
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�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
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CERTIFIED MAILTM RECEIPT
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For delivery Information visit our website at www.usps.coms
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Postage
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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
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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
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COMPLETE THIS SECTION ON DELIVERY
A. Signature
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B. Received by ( Printed Name'
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C. Date of Delivery
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
3. Se
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❑ 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
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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
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102595.02-M-1540
COMPLETE THIS SECTION ON DELIVERY
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B. Received by ( Printed Name'
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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)
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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
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SENDER: COMPLETE THIS SECTION
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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
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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
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❑ Registered
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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
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0003922407 JUL 02 2014
MAILED FROM ZIP CODE 17110
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PITNEY BOWES
$ 006.480 -
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PITNEY BOWES
7013 2250 0002 4487 0032
Thomas Kuhn Jr.
2145 Newville Rd
Carlisle, PA 17015
02 1P
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MAILED FROM ZIPCODE 17110
$ 006.48°
W OFFICES OF
' L. OWENS, ESQUIRE LLC
ITERSTATE DRIVE. SUITE 101
BURG, PENNSYLVANIA 17110
CERTIFIED MAIL.
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7013 2250 0002 4487 0070
Honorable Vivian Cohick
District. Court No, 09-3-02
55 Penn Drive
Newville, PA 17241
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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.
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❑ Express Mail
tRetum Receipt for Merchandise
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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:
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102595.02-M-154
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D. Is delivery address different from item 1? 0 Yes
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SENDER: COMPLETE THIS SECTION
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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 &'
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102595-02-M-154
COMPLETE THIS SECTION ON PELIVERV
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C. Date fDe(ivery
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❑ 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.,.
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PRAECIPE
PRAECIPE FOR JUDGMENT OF NON PROS z c>
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,
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