HomeMy WebLinkAbout05-6334
. COMI'vlONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. {)S--l.c,"3.~L/ (J,.~tr~
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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L 7-000041 [?- 0 s-
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SIGNATUR~LlANTORATT RNEYOR~
/2-07-0S
DOCKET No.
This block will be signed ON L Y when this notation is required under Pa.
R.C.P.D,J. No. 100BS.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
If appellant 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.
SignatureofProthonotaryorDeputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.CPD.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon eppellee.
PRAECIPE: To Prothonotary
!3U,17,JC 7T, Jdf/Al 13
Name ~f appallee(s)
(}. ;0 1'1 ) within twenty (20) days after service of rule or suffer entry of iudg
ICfl-.Y'f\
BUlL 7,J C: 7' T :JolIN 73>, appellee(s)
Name of app91198(s(
Enter rule upon
appellee(s). to file a complaint In this appeal
(Common Pleas No. DS; - LL. 3 4
ant of non pros.
attorney or agent
RULE: To
(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 SE ENTERED AGAINST YOU,
(3) The date of service of this rule if service was by mail is the date of the mailing. p ~ ~~
Date~ rr I.l.. ,20/\ /:"" I. _t:J/J rv...1? -'-~'~ ~. -
: lJc:...L.-.. ~ ~ '---"""" Sign ofProthonoUifyor ep
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
Aope 312-02
WHITE. COURT FILE TO BE FILED WITH PROTHONOTARY GREEN, COURT FILE YELLOW. APPELLANT'S COPY
PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proal 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing of Ihe nolice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
; ss
AFFIDAVIT:
I hereby (swear) (affirm) that I served
o
a copy of the Nollce of Appeal, Common Pleas
, upon the District Justice designated therein on
(date of service) , 20 0 by personal service 0 by (certified) (registered) mail,
sender's receipt attached hereto. and upon the appellee, (name) , on
, 20 0 by personal service~ 0 by-(~ertified) (regi~~~red) ":;~;I,-
sender's receipt attached hereto,
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF .20_.
Signature of affiant
Signature of official before whom affidavit was made
Title of official
My commission expires on ________, 20____.__..
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JOHN B. BURTNETT JR.
337 W. GREEN ST.
HM!'<::f:lA.'::II<::~!ll!!l:q,~",: ..l}9.5?.. .... .. ... ". ... (7)7) .~?.7 :{).l.8.~.. ...
January 23, 2006
Oixielee
c/o Michael Howard
510 Brenneman Dr.
Lewisberry, P A ] 7339
Appelant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 05-6334 CIVIL TERM
Vs.
John B. Burtnett Jr.
337 W. Green St.
Mechanicsburg. PA 17055
Appellee
PRAECIPE
To the Prothonotary:
Please mark the above caption matter as settled and discontinued with prejodice.
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Luther E. Milspaw, Jr., Esquire
Attorney ID No. P A 19226
130 State Street, P.O. Box 946
Harrisburg, PA 17108-0946
(717) 236-03141 FAX (717) 236-0791
Email: LmilsuawCa)mblawfirm.com
Attorney for Defendant
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN B. BURTNETT
v.
: NO. 2005-CV-6334
DIXIE LEE,
Defendant
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE CIVIL ACTION WITH PREJUDICE
TO THE PROTHONOTARY:
Please discontinue the above-captioned civil action with prejudice.
UTHERE. AW,Jr.
Attorney ill No. 19 26
130 State Street
P.O. Box 946
Harrisburg, PA 17108-0946
(717) 236-3141
Facsimile (717) 236-0791
Dated: January 24,2006
.
"
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN B. BURTNETT
v.
: NO. 2005-CV-6334
DIXIE LEE,
Defendant
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
AND NOW, this 24th day of January 2006, I hereby certify that I served the foregoing
Praecipe to Discontinue Civil Action with Prejudice, by depositing the same in the U.S. mail,
postage pre-paid, as follows:
John B. Burtnett
337 West Green Street
Mechanicsburg, P A 17055
HER . MIL
Attorney ill No. 192
130 State Street
P.O. Box 946
Harrisburg, P A 17108-0946
(717) 236-3141
Facsimile (717) 236-0791
"
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09-3-05
NOTICE OF JUDGMENTrrRANSCRIPT
PLAINTIFF RESIDENTI~~E~n~'~~~
'BURTNETT, JOBlll B -,
337 W GUD STUET
MBCHARICSBURG, PA 17055-3228
L ~
VS.
€OMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CtJHB:BllLAlQ)
Mag. Dist. No.;
MDJ Name: Hon
GAYLE A. ELDER
Addco", 507 B YORK ST
MBCHARICSBURG, PA
T,I'pho"" (717) 766-4575 17055
DEFENDANT:
'LBB. DIXIB
337 W GRED ST APT/STB A
MBCHABICSBURG, PA 17055
L
NAME and ADDRESS
-,
DIXIE LEE
337 W GRED ST APT/STB A
MBCHABICSBURG, PA 17055
Docket No.: LT-0000418-05
Date Filed: 11/28/05
~
1&
THIS IS TO NOTIFY YOU THAT:
Judgment: POR PLAl:HTIPP
[!] Judgment was entered for: (Name) BURT1IIBTT. JOBlll B
o Judgment was entered against LBB. DIXIB
lXJ Landlordffenant action in the amount of $ 445.50 on 12/07/05 (Date of Judgment)
The amount ot rent per month, as established by the Magisterial District Judge, is $ .00.
The total amount of the Security Deposit is $ .00
in a
Total Amount Established b~ MDJ Less' Security Deposit APglied " Adjudicated Amount
Rent in Arrears $ 50.00 -$ . 0 " $ 350.00
Physical Damages Leasehold Property ~ .00 $ .00 $ .00
Damages/Unjust Detention .00 - $ 00 $ .00
Less Amt Due Defendant trom Cross Complaint -$ .00
Interest (if provided by lease) $ on
LIT Judgment Amount $ 350.00
0 Attachment Prohibited/ Judgment Costs $ 95.50
42 Pa.C.S. S 8127 Attomey Fees $ 00
0 This case dismissed without prejudice. Total Judgment $ 445.50
~ Possession granted. Post Judgment Credits $
Post Judgment Costs .
$
Certified Judgment Total $
Possession ranted if mone 'ud ment is not satlSfieCfD1' time 01 eViction.
o
o
g
Possession not granted.
Yl g
y
o 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 MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTffRANSCR1PT FORM WITH THE 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 MAYBE 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 REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date
Mv commission expires first Monday of January, 2006.
AO~C 315A-05
, Magisterial District Judge
rngs containing t e JU gment.
, Magisteriai District Judge
SEAL
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 C\. "(\\~nm
; 55
AFFIDAVIT:
I hereby (swear) (affirm) that I served
o
a eopy of the Notice of Appeal, Common Pleas OS-b) )</. upon the District Justice designated therein on
(date of service) /.2 -1.2-- oS ,20 , [1J--'b~ personal service 0 by (certified) (registered) mail.
sender's receipt attached hereto, and upon the appellee, (name) j)f( rJ 73_ lS"f-'l---t?J el7 -' on
I 1- - 12- -OS ,20 0 by personal service IZl-tlY(Certified) (registered) mail,
() ~
~ Signatum nfaffiant
sender's receipt attached hereto.
Titt~21:!fJf-J11bl' (
My commission expires on~, 20CiJ_.
"OMMONWEALTH OF PENNSYLVANIA
Notariat Seat
Jennifer N. Grove, Notary Public
Sitver Spring Twp., Cumberland County
My Commission Expires Jan. 28, 2008
MI'>mhpr p",~~~",.,,,,,,:,,, t.~"'n...j;'ltion of Notaries
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE 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 District Justice on
the date and in the case referenced below.
DOCKET No.
-.
NAME OF D.J.
,fi"
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N~E OF APPELLANT
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ADDRESS OF APPELLANT
n') <. l; ._/ L
DATE OF JUDGMENT
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STATE
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(Defendant)'
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SIGNATURE OF ~I:ELLANT OR ATTO NEY OR AGENT
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If appellant was Claimant (see Pa. R.CP.D.J. No. to01(6) in action
," ,;'.........J:........
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This block will be signed ONLY when this notation is required under Pa.
RC.P.D.J. No. 1008S.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
before a District Justice, A COMPLAINT MUST BE FILED 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 ONL Y when appellant was DEFENDANT (see Pa.R.CPD.J. No. 1001(7) in action before District Jusfice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
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appellee(s), to file a complaint in this appeal
N.~me of eppellee(s)
(Common Pleas No. :/.)
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) within twenty (20) days after service ~f rule or suffer entry of judQment of non pros.
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Signature of appellanTOf"attomey or agent
RULE: To
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, appellee(s)
Name of appel/ee(s)
(1) You are notified thata 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) Th,s date of service of this rule if service was by mail is the date of the mailing.
Date: 'A. ( ;'.. ' 20 [k';
.".~
Sign~ -~f ~~th~~ary or tJ:~Jy~'-! -~--
YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN w COURT FILE YELLOW - APPELLANT'S COpy
PINK - COPY TO BE SERVED ON APPELLEE GOLO - COPY TO SE SERVED ON DISTRICT JUSTICE
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JOHN B. BURTNETT JR.
337 W. GREEN ST.
, , ~ECHANICSBURq,Pi\17055, "'" '" ,(717) (j97:0186
Janoary 3, 2006
Dixielee
c/o Michael Howard
510 Brenneman Dr.
Lewisberry, PA 17339
Appelant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 05-6334 CIVIL TERM
Vs.
John B. Burtnett Jr,
337 W. Green St.
Mechanicsburg, PA 17055
Appellee
COMPLAINT
To uphold Notice of Jodgment resulting from the hearing for Recovery of Real Property held:
12/07/2005
09-3-05
Gayle A. Elder
507 N. York St.
Mechanicsburg, PA 17055
Mag. Dist. No.
MDJ Name: Hon.
In addition I am asking for compensation for:
Deposit for faiture to give possession as granted by Notice of Judgment
Missed work days:
. Recovery of Real Property Hearing
. Day responding to Notice of Appeal
. Hearing for this appeal
. $25.00 per late rent as per appellants rent payment receipts: to be detennined
$350.00
Late fees
Total
$t61.53
$161.53
$161.53
$~-
$834.59
$~
John B. Burtnett Jr.
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Luther E. Mi1spaw, Jr., Esquire
Attorney ID No. PA 19226
130 State Street, P.O. Box 946
Harrisburg, P A 17108-0946
(717) 236-03141 FAX (717)236-0791
Email: Lmi!snaw({"ilmblawfirm.com
Attorney for Defendant
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL Y ANIA
JOHN B. BURTNETT
v.
NO. 2005-CY-6334
DIXIE LEE,
Defendant
CNIL ACTION - LAW
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Luther E. Milspaw, Jr., Esquire, as counsel for Defendant,
Dixie Lee, in the above captioned matter.
IL
Attorney ill No.1
130 State Street
P.O. Box 946
Harrisburg, P A 17108-0946
(717) 236-3141
Facsimile (717) 236-0791
Dated: January 5, 2006
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN B. BURTNETT
v.
: NO.
DIXIE LEE,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
AND NOW, this 5th day of January, 2006, I hereby certify that I served the foregoing
Entry of Appearance for Defendant, Dixie Lee., by depositing the same in the U.S. mail, postage
pre-paid, as follows:
John B. Burtnett
337 West Green Street
Mechanicsburg, P A 17055
R~m7
LU HERE. M SAW, Jr.
Attorney ill No. 19 26
130 State Street
P.O, Box 946
Harrisburg, PA 17108-0946
(717) 236-3141
Facsimile (7117) 236-0791
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Luther E. Mi1spaw, Jr., Esquire
Attorney ID No. PA 19226
130 State Street, P.O. Box 946
Harrisburg, PA 17108-0946
(717) 236-03141 FAX (717) 236-0791
Ernail: Lmi1soawiWmb1awtirm.com
Attorney for Defendant
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN B. BURTNETT
v.
: NO. 2005-CV-6334
DIXIE LEE,
Defendant : CIVIL ACTION - LAW
NOTICE OF INTENT TO FILE
PRAECIPE FOR JUDGMENT OF NON-PROS
To Plaintiff - JOHN B, BURTNETT:
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT
IN THIS CASE, UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW,
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 North Front Street
Harrisburg, P A 17101
(717) 232-7536
ttat; mitt'd,
LUTHERE.l L PAW,Jr.
Attorney ill No.1 226
130 State Stn:et
P.O. Box 946
Harrisburg, P A 17108-0946
(717) 236-3141
Facsimile (717) 236-0791
Attorney for Defendant
Dated: January 5,2006
.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN B. BURTNETT
v.
: NO, 2005-CV-6334
DIXIE LEE,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
AND NOW, this 5th day of January 2006, I hereby certify that I served a true and correct
copy ofthe foregoing Notice of Intent to File Praecipe for Judgment of Non-Pros upon all
counsel/parties by depositing same in the U.S. Mail, Certified Mail No. 7005 25700001 4487
3043, Return Receipt Requested, postage pre-paid, at Harrisburg, Pennsylvania addressed as
follows:
John B. Burtnett
337 West Green Street
Mechanicsburg, P A 17055-3228
Re '"'1; "ill i',d,
l ,M P W, J,
Attorney ill No. 19 26
130 State Stfl~et
P.O. Box 946
Harrisburg, PA 17108-0946
(717) 236-3141
Facsimile (717) 236-0791
Attorney for Defendant
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