HomeMy WebLinkAbout06-0787i
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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)'
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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
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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
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(EntlorsamenlR q red}
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(Endorsement Required)
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Return Receipt Fee f 1
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O Restricted Deliry I'ee
N (Endorsement Rveequ4si) $0.00
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ni Total Postage & Fees j
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orPOBaxNa or PO Bar
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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
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Signature of patent
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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