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HomeMy WebLinkAbout02-1191COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O~-' //~/' NOTICE OF APPEAL Notice is g~vefl that the ap~lant 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 mantianmJ bela~ Donald Parkhurst 32 Center 3-1-02 and Jennifer Parkhurst Street, Lot 32 David Cleland Cv LT LT-0000039-02 CITY STATE ZIP COOl Mt. Holly Springs PA 1706 5 This L,--,,.~..~ will be signed ONLY ~ this notofian is required under Pa R.CJ°J?. Nc~ rc~v,~ Jennifer andBrenda Clelan~]~ Donald Parkhurst/~ndpark.h~rst Philip Brigant~, Esquire~ o Zrvine Row Carlisle PA 170~ ff ~11~ ~ CLAIMANT (s~ ~. ~.CPJ. R No. 1008B. This Notice of Appeal. when received by the District Justice, will operate as a SUPER,~DEA$ to the judgment for possession in this case~ / I S~ure of ~.ott~tm~/~J 1001(6) in action before D/strict Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sectio~ of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J,P. No. 1001(7) in action before D/strict Justice. IF NOT USED, de~ach from copy of notice of appeal to be served upon ~ ~npellee). PRAECIPE= To Prothonotary Enter role upon David Cleland and Brenda Cleland , appellee(s), to file a com~aint in this appeal Name of appellee(s) (C4~man Pleas No 042-//91 ~,~,,'/ T~.¢~,v~ )wimintwanty(20)dc~/softers~'~eofruleorsuffec..m)tryofjudgmefltofnonpm& RULE: ToDavid Cleland and Brenda Clelan~,~s)' ~~"~~ (1) You am notified that a rule is hereby e~t6,-ed upon you to file a complaint in this appeal within twenty (20) days aftra the date of smvice of this role upon you by pes~:~nal service or by certified or registered n~L (2) If you do not file a comp&aint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of thb rule if smvice was by mail is the date of mailing. ,,-,,;-' / I COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-g0 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 the notice of appeal, Check aPPlicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ................................................. ; SS AFFIDAVIT,: I hereby swear or affirm that I served - [] a copy of the Notice of Appeal, Common Pleas NO.' (date o! service) , upon the District Justice designated therein on , [] by personal service [] by (certified) (registered) mail, sender's ,01'1 receipt attached hereto, and upon the appellee, (name) [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] an'-d fu-ii~er that I s---~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , . [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. . , . . .- SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Title o! off~cia! My commission expres on ..................................... COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~UMBEi~LAND Mag. Dist. No.: 09-3 -O3 DJ Name: Hon. SUSAN K. DAY A~dr,ss: 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 DOHA?.D PARKHURST, DEF. 1 32 CENTER ST. LOT 32 MT. HOLLY SPRINGS, PA 17065 NOTICE OF JUDGMENT/TRANSCRIPT PLAiNTiFF: RESIDENTIAL LEASE NAME and ADDRESS rCLELAND, DAVID & BRENDA ~ 65 PINEDALE RD. CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS FPARKHURST, DONALD AND/OR JENNIFER,~ 32 CENTER ST. LOT 32 ~T. HOLLY SPRINGS, PA 17065 Docket No.: LT-0000039-02 ] ~ Date Filed: 2/19/02 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ~'~"] Judgment was entered for: (Name) CLELAND, DAVID & B~'DA Judgment was entered against PA.~uM:tuKST, ,JTS. N~N.[F~.K 2LND/OR DON2L~D in a ~'] Landlord/Tenant action in the amount of $ 85.83 on 3/01/02 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ .00. The total amount of the Security Deposit is $ o 00 Rent in Arrears Physical Damages Leasehold Property Damages/Unjust Detention Total Amount Established by DJ. 010ess~Security Deposit Apg. li,.ed : Adjudicated AmouDt.. $ - .uu = $ .uu .oo-$ .oo = $ .oo-$ .oo - $ Less Amt Due Defendant from Cross Complaint -- $ Interest (if provided by lease) $ L/T Judgment Amount $ Judgment Costs $ Attorney Fees $ Total Judgment $ Post Judgment Credit~ $ Post Judgment Costs $ $ ~--'] Attachment Prohibited/ Victim of Abuse (Act 5, 1996) ~---~ This case dismissed without prejudice. Possession granted. --]Defendants are jointly and severally liable. Certified Judgment Total Possession granted if money judgment i~ not set,sTied Dy t~me ct ev~cuon. Possession not granted. ~ Levy is stayed for__ days or ~ generally stayed. J-]Objection to Levy has been filed and hearing will be held: .00 .00 .00 85.83 Date: Place: Time: 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 ~ CIVIL DIVISION.. THE PARTY PILING AN APPEAL MUS/T~NCL~.II~E A COPY OF TJ:I~rN~)TICE dF/JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL '~ ~// {/'2,,~Date ' · -- -- ' < ~"{"~'/~ ,District Justice I certify that this is a true an¢/;orr~y of the record'~'t the p/oceedings containing the judgment. Date (' .J , District Justicn My commission expires first Monday of January, 2004. ^n~n ~.o, SEAL DAVID CLELAND AND BRENDA CLELAND, Plaintiffs DONALD PARaKHURST AND, JENNIFER PARKHURST, Defendants · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- CIVIL TERM 1. I, Donald Parkhurst, am a defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Day on March 1, 2002, awarding Plaintiffs possession of the mobile home lot on which I reside. 2. My rent for this lot, located at 32 Center Street, Lot 32, Mt. Holly Springs, PA 17065 is $195.00 per month. My rent is due on or before the 10t~ day of each month. 3. I am paying my rent for March, 2002, with the filing of this appeal. My next rent payment will be due on or before April 10, 2002. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 15~nald Parkhurst, Defendant DAVID CLELAND AND BRENDA CLELAND, Plaintiffs DONALD PARKHURST AND JENNIFER PARKHURST, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERlVl PRAECIPE TO PROCEED IN FORMA PAUPER.IS To the Prothonotary: Kindly allow, Donald Parkhurt and Jennifer Parkhurst, Defendants, to proceed in forma pauperis. I, Philip C. Briganti, 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. The party's affidavit showing inability to pay the costs of litiga6on is attached hereto. Attorney for Defendants MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED W/THIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ........ DA"( OF ............. COMMONWEALTH OF PENNSYLVANIA COUNTY OF -.~'~- ~'C ~'.~Z ',SS AFFIDAVIT: ! hereby swear or affirm that I served j~copy of the Notice of Appeal, Common PJeas No, o2-_ I!¢lJ_ ¢,',,-_____jj~'¢'(~ upon the District Justice designated therein on (date oiservice)~ ~.I.L~ 2¢. k , ~ by personal service ~y (certified) ~mail sender's ~eceipt attache~ here~, ~'nd upon ~;~ (/¢_~.~ on ~¢¢~. /!., _~ ~ ~ by personal service ~ (certified) ~%;~tc,~d)~aiI, sender's receipt attached hereto. ~d further that 1 served the Rule to File a Complaint accompanying the above Notice of Appeal upon the ~ppellee(s) to whom the Rule was addressed on ¢ ¢ ~(~ /~ ~¢Z~, ~ by personal service ~y tcertified) ~) mail, sender's receipt attached hereto. ~ ~ S?ature of I verify that the information set forth in this A~fi~a~[ is true and correct to the best of my knowleGge, information and belief. I un~erstan~ that false statements herein are ma~e subject to the ~enalties set forth under 18 P.S. Section 4904, relating to unsw~rn falsification to authorities. © m (Endorsement Required) Return Receipt Fee ~,~[ .1~ e~b1 ~ ~ ~ ........................ ~ ~y '~:'~ }'3y~-g~x No. _.P~-~ ...................................................... DAVID CLELAND and BRENDA CLELAND, DONALD PARKHURST and JENNIFER PARKHURST, Plaintiffs Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1191 CIVIL TERM CIVIL ACTION - LAW STIPULATION AND JOINT MOTION FOR AGREED ORDER AND NOW, comes Stephen D. Tiley, Esquire, Attorney for Plaintiffs and Philip C. Briganti, Esquire, Attorney for Defendants, and enter into this Stipulation and Joint Motion for Agreed Order of which the following is a statement: 1. Defendants have paid all rent due, late fees and costs through March 2002 (with the release of rent being held by the Prothonotary). 2. This action shall be marked settled and discontinued, with prejudice, with the understanding that while the violations which were the basis of the current eviction action cannot be used as the basis for another eviction action (in other words, two new violations within six months will be required in order to bring a new action for a breach other than non-payment of rent), in the event of a new action the Clelands will not be limited or constrained in offering evidence of the prior violations which are the subject of the present action in order to show a history of problems. 3. The parties agree that all rent paid into Court by the Defendants shall be released and paid to the Plaintiffs at 65 Pinedale Road, Carlisle, PA 17013. 4. The Parties request that the proposed Order accompanying this Stipulation be entered by the Court. Cleland v. Parkhurst Stipulation and Motion for Agreed Order page 1 of 2 WHEREFORE, Plaintiff and Defendant request that Your Honorable Court enter an Order pursuant to the terms of this Stipulation and Joint Motion for Agreed Order. Respectfully Submitted, St~phe~ D. Tiley, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 COUNSEL FOR PLAINTIFFS DATE: P . i, EsquTre(~ MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 COUNSEL FOR DEFENDANTS Cleland v. Parkhurst Stipulation and Motion for Agreed Order page 2 of 2