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HomeMy WebLinkAbout06-0787i JUMMUNYYCAL IM ur rtNNa COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. '1"YL' 7'? ? r f f NOTICE OF APPEAL rek ff df 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. NAME OF APP€LIANT MAG. DIST. NO. NAME OF OP y? ) ?O ri tiJ o ?l?I c; l ?? I- rllh l'???'-?'? I?/?NGII('? ADDRESS OF APPELLANT CITY STATE DATE OF JUDG/Mf NT IN THE CAS gF(Plainlif) , ?- (DafentlarA)' C?' ? ??'v???? ? a?' it ? 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 District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. signature of Prothonotary or Deputy was Claimant (see Pa. R.C.P.D.J. No. 1001(6)fin 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 appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. C1 yJ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Si natua p lent or attorney or agent RULE: ToT appellee(s) ppellee(s) Name of a (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: I , 20 L ' -?r u Al?Ok r - Signature of Pm on ay or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 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 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 ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) , 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ? by personal service ? by (certdied) (registered) mail, sender's recelptattached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature ofoleciaf bofore whom affdavit was Title of official My commission expires on 20111 -1 S Ia,i,h, r or aea, ?I n r T ? G 7 r7lT -Ij Ca ?? -', _ _ q N -G COMMONWEALTH OF PENNSYLVANIA nnl INITV nP CUMBERLAND 09-1-02 MDJ Name. Hon. ROBERT V. MANLOVE Add,esa' 1901 STATE ST CAMP HILL, PA Telephone. (717 ) 761-0583 17011-0000 NOTICE OF^JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rM MLLER, MICHAEL E, ET AL. 109 N 30TH ST CAMP HILL, PA 17011 L J vs. DEFENDANT: NAME and ADDRESS r-SOPENSBY, JOHN 30 E MAPLEWOOD AVE MECHANICSBURG, PA 17055 JOHN SOPENSSY L J 30 E MAPLEiPOOD AVE Docket No.: CV-0000631-05 MECHANICSBURG, PA 17055 Date Filed: 12/21/05 THIS IS TO NOTIFY YOU THAT: Judgment: DEFADLT =Mfl >s1T PLTF ® Judgment was entered for: (Name) MrmT.Tal mTewail x, w9' AT.- Fix] Judgment was entered against: (Name) gopgwgay, aogN in the amount of $ 2, g3g _ go on: (Date of Judgment) 1 /24/06 ? Defendants are jointly and severally liable. (Date & Time) ? Damages will be assessed on: ? This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ? Portion of Judgment for physical damages arising out of residential lease $ 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 THE 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 JUDGEMENT 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 I certify that this is a true"and correct copy of the record of.,the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2012 . AOPC 315-05 DATE PRINTED: 1/25/06 2:25:04 PM Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ SEAL ,.r rJ s Fl cz? Ln J 7 M - ', - ru ru U .X { Q __C_A Fj!_HIIL FA 17fill r` , M V Gage v' =1 mnedFee j $22.40 .41] •;,:- U?1? Retu n Receipt Fee (EntlorsamenlR q red} f1'8e /// 17POStmggC?? Heb p M1 flesuictatl Delivery lee 1 (Endorsement Required) 1011 $0 ? e . e eeil ?, 5 r r 3'?'?lfb? ru TamtPostage&Fees $ $4.64 + 02/U& r- • T ,. rM - ? Ell r-Ura ri Er L (All HIit PA 17011 1 Inn _ M1 rr7 PnsYage S $11.39 Certified Fe. _ $2 40 111013 Return Receipt Fee f 1 85 1' PostrCn O) (Endorsement Required) . Her O Restricted Deliry I'ee N (Endorsement Rveequ4si) $0.00 Ln ni Total Postage & Fees j •64 e i 62/!78/2Dga' ? O Sent__.. Ilcla?O Sent T. „ `-r Y V Al P/) I o0L? f Street Apt No' lln; /y' /1\ I J7? M1 Sheet Apt. No __ C ?tI/ _--- orPOBaxNa or PO Bar _ [ Y_./..f. Y . I_? Ury. Scam ZIP14 (.if,. Stale, ZH44 - ._. PS Form 3800, June 2002 See Reverse for In PS Form 3800, June 2002 See Reverse for Instructions 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,LMif ive- LFl//Vi ;ss AFFIDAVIT' I hereby (swear) (affirm) that I served ?i'j, C( V l ) ? a copy of the Notice of Appeal, Common Plea 0 ! up the District Justice designated therein on (date of service) 20 0 G , ? by personal service QJ" by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 67a7 ? by personal service by (certified) (registered) mail, sender's feceipt attached hereto. (SWORN) FFIRMED)ANCLSU SCRIBEDBEFOR ME THIS D4Y OF , 20. Si t of official tie?fo/re w/Jorn affidavit was/rrj6c? 2 40 ,.44,.tl?J. Title of official My commission expires on M so iq Y9& 6-7 -5- 20 Signature of patent ? y ? ? yI UK b Q 71 Yww.,u . w. ? ? QW"U ?- W1111A1 r;:= co, (Y1 . - . ' ` - C5 (5m +V CC) 'C L VI"MV"VVCMLIn yr rcmmo 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. .1111111 11 APPELLANT t CITY STATE ZIP CODE n m v amp., in me r,naclvr Inamnm (OetenOenl) L VS 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 District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. S9natum 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon - ," appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of,. ant or allomoy or agent RULE: To , 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. , Date: r 20 Signature ofP ryor Deputy 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 -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PLAINTIFF: MUELLER, MICHAEL E, ET AL 109 N 30n, St CAMP HILL, PA 17011 VS. DEFENDANT: SOPENSKY, JOHN 30 E MAPLEWOOD AVE MECHANICSBURG, PA 17055 NOTICE OF COMPLAINT aao(?- 7F)7 COMMON PLEAS No: 2 06-787 civil Judgment was entered for Plaintiff in district court on 1/24/2006. The total amount of the judgment is $2938.90. Since receiving the notice of appeal to the judgment on 218/2006, Defendant has agreed to release the $2000.00 good faith money that had been deposited by the Plaintiff and held in an escrow by Piscioneri Real Estate. Plaintiff seeks payment of the remaining $938.90 for the costs described in the civil complain text below as well as the associated court costs. Docket No: CV-0000631-05 The Agreement for the Sale of Real Estate, signed by the Defendant on 10122105,for location 414 Third St. Enola, PA 17025, states the Defendant will replace the back porches of the property ensuring buyers of safety and structural integrity. The Seller Disclosure Statement, signed by both parties, states the back porch is damaged, possibly dryrotted, and will be replaced. Under this agreement, Plaintiffs made a good faith deposit to Piscioneri Real Estate. Despite numerous efforts of encouragement to have the work completed prior to settlement on 11130105, work started on 11128105. Upon visual inspection, the work was determined to be completely unsatisfactory, by no means replacement sound, or safe. Due to Defendant total lack of regard for this purchase agreement, Plaintiffs terminated contract requesting full refund of deposit. Plaintiffs seek full refund of deposit, costs associated with the purchase of the property, and Attorney fees associated with this transaction. -r ;:? Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor QIp - 7a7 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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 Courthouse Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573