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Home My WebLink About14-7194 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ Kenneth G. Smith MDJ-09-3-05 Honorable Mark Martin ADDRESS OF APPELLANT CITY STATE ZIP CODE PO Box 1368 Mechanicsburg PA 17055 DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendant)' 12/01/2014 Fred W. Smith �5 Kenneth . ith DOCKET No. SIGNATURE OF APPELLANT R%TTO EY OR AGENT M.J-09305-CV-0000124-2014 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see 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 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. Signature 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 Fred W. Smith appellee(s),to file a complaint in this appeal &�Im e�ofappellee(s) (Common Pleas No. '�""'� �� )within twenty(20)days after service of rule suffe entry of) dgment of non pros. 11 'Signature of appellant or attorney or agent RULE: To Fred W. Smith 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. / Date:. 12/IL 20 1.4 Si tyrqProthonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTI(XH)f/ YUW0 -'/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 :C cod G? 1 3'0 11107, c#363oi COMMONWEALTH OF PENNSYLVANIA C04JNTY OF CUMBERLAND Notice Of Judgment/Transcript Civil ' Case Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Fred W Smith V. Address: 507 North York Street Kenneth G. Smith Mechanicsburg, PA 17055 Telephone: 717-766-4575 Kenneth G. Smith PO Box 1368 Docket No: MJ-09305-CV-0000124-2014 Mechanicsburg, PA 17055 Case Filed: 10/9/2014 Disposition Summary (cc.Cross Complaint)�� --- Docket No Plainti Defendant Disposition Disposition Date MJ-09305-CV-0000124-2014 Fred W Smith Kenneth G.Smith Judgment for Plaintiff 12/01/2014 Judgment Summary __�._._.._ _ �___ _ ER111:9-i= JoinVSeveral Liabilitv Individual Liability Fred W Smith $0.00 $0.00 Amount Kenneth G.Smith $0.00 $0.00 $12,172.50 $12,172.50 Judgment Finding (•Post Judgment) ----- _,,. In the matter of Fred W Smith vs. Kenneth G. Smith on MJ-09305-CV-0000124-2014, on 12/01/2014 the judgment was awarded as follows: Judgment Component J_ oint/Several Liability Individual Liability D_eposit Applied _ Civil Judgment $0.00 �n Filing Fees $12,000.00 $12,000.00 $0.00 $172.50 $172.50 Grand Total: $12,172.50 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. Date Magisterial District Judge Mark Martin " n `shy cern tat is is a true and correct copy o t e recor o t e 1 ,ce mgs contairnng t e lu gment. Date Magisterial District Judge Y MDJS 315 Page 1 of 2 Printed:12/01/2014 3:43:12PM Fred W Smith ` V. Docket No.: MJ-09305-CV-0000124-2014 Kenneth G. Smith Participant List Prlvate(s) Katie James Maxwell, Esq. Martson Law Offices 10 E High St Carlisle, PA 17013-3093 Plaintiff(s) . .Fred W Smith 38 Shelwood Dr Rochester, NY 14618 Defendant(s) Kenneth G. Smith PO Box 1368 Mechanicsburg, PA 17055 MDJS 315 Page 2 of 2 Printed 12/01/2014 3:43:12PM Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 FRED W. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff/Appellee CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2014-7194 CIVIL TERM KENNETH G. SMITH, CIVIL ACTION — LAW Defendant/Appellant PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT I, Hannah White -Gibson, Esquire, of the law firm Saidis, Sullivan & Rogers, being duly sworn according to law, hereby deposes and says that I served a true and correct copy of the Notice of Appeal and Rule to File Complaint, Common Pleas No. 2014-7194, upon Magisterial District Judge designated therein on December 17, 2014 by Certified, U.S. Mail, sender's receipt attached hereto and upon Appellee's counsel, Katie Maxwell, Esquire, on December 15, 2014 by Certified, U.S. Mail, sender's receipt attached hereto. Dated: /2 /224 Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Hannah White -Gibson, squire ID No. 311679 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Appellant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of`%'Q- / , 2014, before me, the undersigned, personally appeared Hannah White -Gibson, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN TNESS WHEREOF, I hereunto set my hand and official seal. Allk 14lotary Pu MONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RENEE L. MURRAY, Notary Public Carlisle Boro., Cumberland County My Commission Expires December 13, 2017 • SENDER: COMPLETE THIS SECTION • Complete iteYria1, 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¢ tvnanAle l2lalN v07 Sked- W�tics6uy, 49 /7055 COMPLETE THIS SECTION ON DELIVERY nature Agent 0 Addressee B Received by N l y �tedtme KirDpmgu r117 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: .lieNo ery 3. Service Type Certified Maim ❑ riorityMall Express" ❑ Registered etum Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service Labe° PS Form 3811. July 2013 7014 0510 0-0023752 0696 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. Domestic Return Receipt 1. Article Addressed to: izot wtoo,er.tie Vi,arAsscM Lcua 446 IU � 1-11k. grtd-- 6,,UI7o13 COMPLETE THIS SECTION ON DELIVERY A.Sign Signature rte.•. %G'Agent 4frn Cilt Addressee :me C. Date of Delivery B Recebed by (Printed ) `> v►. D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No ,2`he, -J. 4L nw`� 3. SSejvIce Type $j Certified Mall° ❑`Registered ❑ Insured Mail riority Mail Express' etum Receipt for Merchandise ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) Xes 2. Article Number (Transfer from service labeq PS Form 3811, July 2013 7014 0510 0002 3752 0658 Domestic Return Receipt