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HomeMy WebLinkAbout15-0044t COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS Nc 's. « «V e NOTICE OF APPEAL Notice is given that the appellant has filed in 4e above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referencedelow. NAME OF APPELLANT ROBERT RIDGWAY DI TNO. - 1-03 NAME OF MDJ RICHARD S DOUGHERTY ADDRESS OF APPELLANT 14 CREEKSIDE DRIVE CITY ENOLA STATE PA 17025 ZIP CODE DATE OF JUDGMENT 12-5-2014 IN THE CASE OF (Plaintiff) RODNEY & PATRICIA RUSSELL vs ROBERT R (Defendant)' DGWAY DOCKET No. CV — 147— 2014 CV -154-2014 SIGNATUE OF AP LANT QE2 ATTOR Q' AGENT cl This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant .s Claiihant 'see 'a. R.C.P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED twenty within C7 (20) days after filing the NOTICE of APPEAL.c 70 m� =rn ter= N.) sem• PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE r— C: (This section of fort to be used_ON12Y•xvhenappellant was DEFENDANT (see Pa.R.C.P.D.J. Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon RODNEY & PATRICIA RUSSELL - Name ofappellee(s)— (Common Pleas NoE2O/,_ -DDD VI/ within twenty (20) days after s No. 1001(7) in acefore Magisterial District cD, z, �w� —1f V I 1 n app e(s), to file a RULE: To RODNEY & PATRICIA RUSSELL appellee(s) nt in this appeal ment of non pros. S nature of appellant or attorney or agent 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: i/i /20 /,_< (0-/ Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 i /3'.. b pd. 614 OAA js-cv £ - .50 0 4e 6-7 i9 3/5251 ORIGINAL s v v • '1 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist No: MDJ-09-1-03 MDJ Name: Honorable Richard S. Dougherty Address: 98 South Enola Drive, Suite 1 Enda, PA 17025 Telephone: 717-728-2805 File Copy c•• • Notice of Judgment/Transcript Civil Case Disposition Summary (cc- Cross Complaint) Docket No Plaintiff Defendant MJ -09103 -CV -0000154-201410 Robert Ridgway Patricia Russell MJ -09103 -CV -0000154-2014°0 Robert Ridgway Rodney Russell MJ -09103 -CV -0000147-2014 Rodney Russell Robert Ridgway MJ -09103 -CV -0000147-2014 Patricia Russell Robert Ridgway Judgment Summary Participant Joint/Several Liability individual Liability Patricia Russell 50.00 $0.00 Robert Ridgway 58,720.00 $0.00 Rodney Russell $0.00 $0.00 Judgment Finding ("Post Judgment) In the matter of Rodney Russell; Patricia Russell vs. Robert Ridgway on MJ -09103 -CV -0000147-2014, on 12/05/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $8,720.00 $0.00 $8,720.00 Robert Ridgway V. Patricia Russell, Rodney Russell Docket No: MJ -09103 -CV -0000147-2014 Case Filed: 10/23/2014 Cross Complaint Docket No(s): MJ -09103 -CV -0000154-2014 Disposition Judgment for Defendant Judgment for Defendant Judgment for Plaintiff Judgment for Plaintiff Disposition Date 12/05/2014 12/05/2014 12/05/2014 12/05/2014 Amount $0.00 $8,720.00 $0.00 Grand Total: $8,720.00 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 Richard S. Dougherty MDJS 315 Page 1 of 3 Printed: 12/08/2014 11:10:50AM ILVM i1/UOVDD%.1 tO ,- Robert Ridgway v. Patricia Russell, Rodney Russell Docket No.: MJ -09103 -CV -0000154-2014 I certify that this is a true ancicorrect copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 2 of 3 Printed: 12/05/2014 11;10:50AM 11:..::::j-OFr THE PRO THOWITA ii 2015 Ati -6 Hi 3:5[4 Robert Ridgway, IN THE COURT OF COMMON PLEAS ,, Appellant CUMBERLAND COUNTY, PENNSYLVATWERLAND COUNTY vs. . qNNSYLVANIA • NO.: CV -147-2014 AND CV -154-2014 Rodney & Patricia Russell , Case Filed: 10/23/14 Appellee(s) Date of Judgement: 12/05/2014 020 / 45-:- 000 If it ---Ter";7) PETITION To ACC,C1-01" fiffeil-l-cle_:rovfx _ - _ _ AND NOW, this 6th day of January 2015, Appellant Robert Ridgway, by and through his counsel, Paul Bradford Orr, Esquire, respectfully represents the following: 1. Appellant is Robert Ridgway. 2. Appellee(s) are Rodney & Patricia Russell. 3. On December 5th, 2015, a Notice of Judgment for the above captioned case was made by the Honorable Judge Richard Dougherty with the right to appeal his judgment within 30 days from the judgment date of December 5th, 2014. 4. On January 2nd, 2015 around 4:15pm my Office Manager called into the Cumberland County Prothonotary Office and spoke with one of the ladies at the front desks. My Office Manager called in to express concern about making it into the Courthouse by 4:30pm on Friday January 2nd, 2015, due to other clients in office for appointments. 5. The lady that my Office Manager spoke to explained to my Office Manager that because the Prothonotary Office was closed on Christmas Day, December 25th, 2014 as well as closed on December 26th, 2014, that we would have an additional 2 days to file our Appeal, and that would be included in the 30 day time period. 6. My Office Manager then came in late yesterday, January 5th, 2015, as she had an obligation with her other daytime job. 7. On January 60, 2015 I brought the Notice of Appeal in to the Prothonotary Office and was told that they would not accept the Notice of Appeal as, "it is one day late" 8. My Office Manager, after I relayed the bad news to her, walked back up to the Prothonotary Office immediately and spoke with the Prothonotary of Cumberland County, David D. Buell, who explained that we may have had a misunderstanding and advised me to submit this Petition with our Notice of Appeal. WHEREFORE, Appellant and his counsel, Paul Bradford Orr, respectfully requests that this Honorable Court please accept our Notice of Appeal. ecffully Sub itted, Paul Bradford Orr, Esquire Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 7 (��ce' I HE FRO 1 HOh in., 2015 JAN -9 PM 1: 142 CUMBERLAND COUNTY PENNSYLVANIA ROBERT RIDGWAY, Petitioner v. RODNEY & PATRICIA RUSSELL, Respondents Count? of QCfmberiana IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2015-0044 CIVIL TERM • IN RE: PETITION TO ACCEPT APPEAL DE NOVO ORDER OF COURT AND NOW, this 9th day of January 2015, upon consideration of the Petition to Accept Appeal De Novo, a RULE is issued upon Respondents to show cause as to why the requested relief should not be granted. PETITIONER shall serve a copy of this Order upon Respondents and provide proof of service. RESPONDENTS shall include a proposed order with any response. The Prothonotary is DIRECTED to deliver the file upon the filing of any response to this Order with the Court. RULE RETURNABLE twenty (20) days from the date of service. Thomas A. Placey C.P.J. Distribution List: Rodney Russell Patricia Russell —Paul Bradford Orr, Esq. Cop y frZhi Q7tS ./12