HomeMy WebLinkAbout05-4700OF
COURT OF COMMON PLEAS
Judicial District, County of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. S- O 6
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 District Justice on
the date and in the case referenced below.
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R C P.D.J. No. 10088. - '- • ••-- -.? iw,auvn is required under Pa.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
I, eppel/ant was Claimant (see Pa. R.C.P. D. J. No. 1001(6) in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
-------------
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 District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon V'4-eww GL>«- X-?U444?
(Common Pleas No. v-7U0
appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
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RULE: TOA., _ ', Signalureo appellant or attomeyoragent
Name o/eppe//ee(s)/, ? , 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:
•,L.Qa ? ?_ 20. (J.?
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Signature of on p
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
Name of appellee(s)
COURT FILE TO BE FILED WITH PROTHONOTARY
f
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 bo)ios.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF : ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
20 C] by personal service ? by (certified) (registered) nia?,
(date of service) '. on
sender's receipt attached hereto, and upon the appellee, (name) ,
20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20-. S?ynature of attiani
Signature of official be/ore whom affitlavit was maAe
o
TiOe of official C. ? -T j
My commission expires on 20
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AOPC 312A - 02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mao. Dist. No.'.
09-3-03
MDJ Name. Hon.
SUSAN K. DAY
Address: 229 MILL ST, BOX 167
MT. HOLLY SPRINGS, PA
Telephone. 1717 I 486-7672 17065
ATTORNEY DEF PRIVATE :
GEOFFREY M. BIRING$R
MID PENN LEGAL
8 IRVINE Row
CARLISLE, PA 17013-0
THIS IS TO NOTIFY YOU THAT:
Judgment:
® Judgment was entered for:
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: RESIDENTIAL LEASE
'CLELAND, DAVID to BNA) M DA DaESS
65 PINEDALE RD.
CARLISLE, PA 17013
L_ J
DEFENDANT: VS.
NAME and ADDRESS
I'MAL, SARAH A PLOMIAN, MICHAEL, ET-1
32 CENTER ST.
LOT 18
LMT. HOLLY SPRINGS, PA 17065
J
Docket No.: LT-0000240-05
Date Filed: 8/23/05
d&
FOR
(Name) CLELAND DAVID rt BRENDA
Judgment was entered against NEAL SARAH rF PLOWMAN MICHAEL
Landlord/Tenant action in the amount of $_ 6,226 62 on 9/01/05 in a
The amount of rent per month, as established by the Magisterial District Judge, is $ (Date of Ju00 ent)
The total amount of the Security Deposit is $ .00
Total Amount Established by MDJ Less Security Deposit AD lied = Adjudicated Amount
Rent in Arrears $ .00 $ ?0
* Physical Damages Leasehold Pro ert - $ 00
Damages/Unjust Detention p y $ 6 086.59-$ nn $ _ 6.086.59
*CORRECTED COPY DD -$ 0
Less Amt Due Defendant from Cross Complaint - $
Interest (if provided by lease) $ 00
L/T Judgment Amount 00
? Attachment Prohibited/ $ 6 08_ 6-r?g
42 Pa.C.S. § 8127 Judgment Costs $ 3.40-03
Attorney Fees $ n0
? This case dismissed without prejudice.
Total Judgment $ 226.62
® Possession granted. Post Judgment Credits $
Post Judgment Costs $
? Possession granted if money judgment is Certified Judgment Total $
no sa Is ie y Ime o evlc Ion.
? Possession not granted.
-? ? 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 MU
ST ASRSTHETR?WrE PROVIDED WE RU ES OF CIVI PROCEDURE FOR MAGISTERIAL DISTRICT JUDG S,IF THE JU GMENTOF APPEAL
HOLDER
OF COMMON PLEBS AND OT URTH PROCESS MAY OBE ISSUED BYI THE MAGISTERIAL DISTRICT JUDGE. COME FROM THE COURT
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, J
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date
Date
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momission expires first Monday of January, 2010.
isterial District
SEAL
District
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DAVID and BRENDA CLELAND,
Plaintiffs
V.
:IN THE COURT OF COMMON PLEAS.
CUMBERLAND COUNTY, PENNSYLVANIA:
SARAH NEAL and MICHAEL
PLOWMAN, :CIVIL ACTION- ?j - C, --1 &0
Defendants ?c U
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Sarah Neal and Michael Plowman, Defendants, to proceed in
forma pau_peris.
I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis,
certify that I believe the party is unable to pay the costs and that I am providing free
legal services to the party.
MIDPENN LEGAL SERVICES
BY:
Geoffrey M. Biringer, Attorney for *fendants
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
ID#18040
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CERTIFIED MAIL7RECEIPT
(Domestic Mall Oniy; No Insurance Coverage provided)
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Postage $ r.r, prv ta:?:. r
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C3 Return Receipt Fee Post ark p Return Receryt Feu .. ?. .
(Endorsement gequiled) ' Here (Erxlorsemen[ Regmr<J:. ^
0 Rem'a Delivery Fee C3 Reelficted Delivery h -e )
(Endorsement flequlred) r9 (EntlmsememR gnrrcl -
u7 I11 {_?__._.... ..
Total Postage & Fees Lf 2 Total Postage R Fee, W `f y
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O ant o O sent TO
o ?Clvi? ---- . ??- n Mqi? )si ia(> ) ?,
or PO Box Ab ?.. rn-
?Pr --------------- - _ PO SOr NO ^ - `j I`1 r 1 ' j
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City, Slate. ZIPid ll ?" ' city, State ZIP d S L
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE CO! rL P
(This proof nt service MOST BE FILED WITHIN TEN (10) DAYS AFTER fifing of the notfre of appe, % .., .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF as
AFFIDAVIT: I hereby (swear) (affirm) that I served
63- y?yvo
It
?u.?: ,ant
LOREMAOR AI
CLAUDIA ANOTARY PUBM
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My CoAW 4.2009
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AOPC 312A - 02
a copy of the Notice of Appeal, Common Pleas No. . upon the District Ju, lice
(date of service) 20AAZ E] by personal service tby {r;er, ?icfl,
sender's race, t attached hereto, and upon the appellee, (name)
??? 20 O,j ? by personal service f? oy (ce?ti{lets, (rvr,*?crPe '.
sender's receipt attached hereto.
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My commission expires on '?Q. -(j _ '2009
COURT OF COMMON PLEAS
Judicial District, County Of F ?a .rw,,h?t .ar a; a
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ! + J 'lob
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 District Justice on
the date and in the case referenced below.
.'z>
I his block Will be signed ONLY when this notation is required under Pa.
R.C.P.O.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
was Claimant (see
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
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 District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon iyt?s(( i{.z.?c ??FQ,6suC.,K. 14 appellee(s), to file a complaint in this appeal
Name of appelleets)
(Common Pleas No. f J (,. 7Q ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature f appellant or atromey or agent
RULE: Tc r / L 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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
f
Date: 20
- - ?T' signature ofgi hoh ap
Y ` t
_ tv
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
DAVID CLELAND and BRENDA
CLELAND,
Plaintiffs
Vs.
SARAH NEIL and MICHAEL
PLOWMAN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL DOCKET NO. 05-4700
CIVIL ACTION - LANDLORD/TENANT
MOTION FOR RELEASE OF RENT ESCROW
TO THE DEFENDANTS
Defendants, by their attorney MidPenn Legal Services and Geoffrey M. Biringer,
Esquire, represent as follows:
1. As a condition of their appeal to a judgment for possession for the Plaintiffs
above in a landlord/tenant case before Magisterial District Justice Susan K. Day, the
Defendants placed in escrow with the Cumberland County Prothonotary the sum of Two
Hundred and Ten Dollars ($210). (receipt attached as Exhibit "A")
2. Since that time, the parties have entered into a complete and final settlement of
their differences (attached hereto as Exhibit `B"), which includes an Agreement to
Release the funds in escrow in the amount of Two Hundred and Ten Dollars ($210) to the
Defendants (agreement attached as Exhibit "C").
WHEREFORE, Defendants pray that this Court Order the Cumberland County
Prothonotary to release the escrowed amount of Two Hundred and Ten Dollars ($210),
indexed to the above term and number, to the Defendants.
ors-.?.??.?.
lzi
Date: `j/j /L J l wv?
?Geoffrey M. Biringer
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
ID#18040
RECEIPT FOR PAYMENT
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
CLELAND DAVID ET AL (VS) NEAL SARAH ET AL
Case Number 2005-04700
Received of PD DAVID CLELAND
IM
Total Non-Cash..... + 210.00 Check4
Total Cash......... + .00
Change ............. - .00
Receipt total...... = 210.00
Receipt Date 9/13/2005
Receipt Time 13:42:59
Receipt No. 168558
08271764076
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
RENT 210.00 PROTHONOTARY ESCROW
210.00
Ex. "A"
SETTLEMENT AGREEMENT
Wherefore, the parties to the case filed as David and Brenda Cleland (Plaintiffs) and
Sarah Neil and Michael Plowman (Defendants), indexed to Cumberland County Court of
Common Pleas, No. 05-4700, wish to resolve their differences and settle the case without
further litigation, and;
Wherefore, the parties have agreed on mutually satisfactory terms to accomplish this
settlement;
Now Therefore, it is agreed between the parties as follows:
1. Plaintiffs shall purchase the Defendants' mobile home for $2,641.06, whereby,
Defendants shall deliver title to the mobile home to Plaintiffs Counsel Susann B.
Morrison, who will hold the title until all parties agree that the terms of this
agreement have been satisfied.
2. Defendants shall remove the stove and refrigerator currently in the mobile home.
3. Said amount is reflective of any and all rent Defendants owe Plaintiffs through and
including October 22, 2005.
4. The Defendants shall vacate the mobile home on or before October 22, 2005.
5. The Defendants shall leave the mobile home in good condition, free of all property
and trash.
6. Defendants are entitled to the $210.00 held in escrow by the Prothonotary at the
Cumberland County Courthouse, if after Defendants have vacated the premises and
removed all of their belongings, property and trash, Plaintiffs are satisfied that the
mobile home is in the same condition as it was on October 20, 2005, the date Jeff
Ex, "B"
DAVID CLELAND and BRENDA
CLELAND,
Plaintiffs
Vs,
SARAH NEIL and MICHAEL
PLOWMAN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL DOCKET NO. 05-4700
CIVIL ACTION - LANDLORD/TENANT
AGREEMENT TO RELEASE FUNDS IN ESCROW
1. As a condition of obtaining a supersedeas incident to Defendant's appeal of a
judgment for possession obtained by the Plaintiffs above, Defendants placed a total of
Two Hundred and Ten Dollars ($210) in escrow with the Prothonotary of Cumberland
County.
2. The parties hereto, by their respective counsel, have agreed upon a complete
and final settlement of their differences which will result in the Defendants' appeal being
withdrawn, and the case being marked "settled and discontinued."
3. Pursuant to this complete and final settlement, it is agreed that Defendants will
receive the Two Hundred and Ten Dollars ($210) in escrow as soon as Defendants move
out of the leased premises.
Dale: David Cleland
J ILL,
enda Cleland
JAG'
Susann Morriso Esq.
For Plaintiffs
Sarah Neil
'.a?.r_tY72n??4i
Michael Plowman
Geoffrey Bi roger, Esq.
For Defendants
Ex. "C"
Certificate of Service
1, Geoffrey M. Biringer, being a member of the Bar in good standing,
hereby certify that I served the foregoing document, by U.S. mail, first class postage
prepaid on the following person on the date below:
Susann B. Morrison, Esquire
95 Alexander Spring Road, Suite 3
Carl;isle, PA 17013
eoffrey M. Biringer, Esq.
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
ID#18040
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12505611172005 Cumberland County Prothonotary's Office Page 1
PYS405 Manual Release Check Register 11/17/2005
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
----------- --------------------------------------------------------------------
3883 NEIL SARAH & MICHAEL PLOWMAN Check Date: 11/17/2005 Check No.: 1556
RENT 2005- 04700 PYMT/CHECK 210.00 9/13/2005
Payee total: 210.00
---------------------------------------------------------------------------------
Grand total: 210.00
DAVID CLELAND and BRENDA
CLELAND,
Plaintiffs
Vs.
SARAH NEIL and MICHAEL
PLOWMAN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL DOCKET NO. 05-4700
CIVIL ACTION - LANDLORD/TENANT
ORDER
AND NOW, this it day of Cwo , 2005, upon Motion of the Defendants in
the above, it is hereby Ordered and Decreed, that the Cumberland County Prothonotary
release the sum in escrow in the above-captioned case, TwoHundred and Ten Dollars
(5210), to the Defendants.
J.
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By the Court:
60 'n !1, a r'?e9S97Z
F\ A y r'.
,r
Curtis R. Long
Prothonotary
Offire of the Protbonotarp
11 Renee K. Simpson
Cumberianb Countp
Deputy Prothonotary
John E. Slike
Solicitor
()S'- 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 rmirthouse Souare • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573