HomeMy WebLinkAbout00-01666
. .. ~"
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
fROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ~CCO- I {g lllo ~~', I ~
NOTICE OF APPEAL
Notice is given that the "ppellant oos filed in the above Court of Common Ple"s an appeal from the judgment rendered by the District Justice on the
dale and in the case mentioned below.
~~gmith aRQ Gail gmith
aTY
I MJoG. DlST. NO. O. NAME OF OJ.
H..l..n B Rhlllenhllrger
STATE ZIP CODE
NAME OF AI'PEllANT
""
amUff}
3-13-00
ClAIM NO.
Donald Heishman
and Gail Smith
~~NA: OFAPPaLANTORHIS
. ~ LegalServices,Inc.
8 Irvine Row
~19 ~T~00DD2~ DO Phili C. Bri anti ES.. 3
This block will be signed 'ONLY when this notation is required under PCl. R.C.PJ.P. No. If appellant was CLAIMANT (See Pa. .C.P.J.P. No.
10088.
This Notice of Appoeol, when received by the District Justice, will opercle os a 1001 (6) in action before District Justice, he MUST
SUPERSEDEAS 10 the judgment for possession in this cose. FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
CV 19
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FlU
(This section o.f form 10 be used ONLY when appellant was DEFENDANT (see Pa. R.CP.JP. No. 1001 (7) in action befo.re District Justice.
IF NOT USED, detach from copy o.f no.tice o.f appeal to. be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon Donald K. Hei shman
Name of appeffee(s)
(Common Pleas No. Ot::x:f)- 'lDlRlo G.it; I TtNvI. ) within twenty (20) days after ser .
, appellee(s), ta file a complaint in this appeal
RULE: Ta Donald K. Heishman
Nsme of appel/(3e(s)
, appellee(s).
(1) You are notified toot a rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) days after the dale of
service of this rule upon you by personal service or by certified or regi.tered moil.
(2) If you do not file a complaint within thi. time, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU.
(3) The date af service of thi. rule if .ervice wa. by mail i. the dale of moiling.
-N\ _, :),000
Date: l'~, 20 . )!f_.
~~C9J..
Signature of I'roIhot1oIwy 01" Deputy
NJPC 312-84
COURT FILE TO BE FILED WITH PROTHONOTARY
i_b~'~~,~~.~k~~~iW~illloW~~~~-lil, i
J '"^
~- ~. ..""
till
-,
~I
'.
PI~04)F OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT
(This proo;' of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEIi.LTI! OF PENNSYLVANIA
eOUIIITY OF_~.
j 55
AFFIDAVIT: I h'~reby swear or affirm that I served
[J a copy 01 the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) 0 by personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appeliee, (name) , on
_.___ , 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto.
[J and further that I served the Rule 10 File a Complaint accompanying the above Notice of Appeai upon the appellee(s) to whom
th" Rule was addressed on , 19_~ 0 by personai service 0 by (certified) (registered)
maii, BE'Mer's receipt attached hereto.
SWORN (AfFIRMED) AND SUBSCRiBED BEFORE ME
THiS ___~,__. DAY OF
,19_
Signature of affiant
Signature of ,Afici6!! tefon;: whom dffidavit was mado
Title of official
My commission expires on
, 19--...-
(') (;) ~
C (;)
.".:S:: :J: :E
!!2m :l>o
:0 ;:0 nl ':1:1
r"
, M ~~ l'\) 8~
~ .' (;)
...-
,<0 :l:> ..,
71 j~ ::r Ii:j
~~
""0 9 or
=< Co) 'b!
.... ~
,""'~<'..,"
'"", ,. -'h~,'''''''', ,',~,,'''''',''
, ~" "~
',.',"-1 ',' '0 ~.. ,
~.
~
-
-"
,c.,-
~ ...;" ,j. -"'.
-. ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-02
NOTICE OF JUDGMIENTITRANSCRIPT
PLAINTIFF' RESIDENTIAL LEASE
ri ' . NAME and ADDRESS
HEISHMAN, DONALD K.
421 N. MIDDLETON RD
CARLISLE, PA 17013
L
-,
Mag. DisL No.:
OJ Name: Hon.
HELEN B. SHULENBERGER
Add,,,,, P.O,. 'BOX 155
17 W. BIG SPRING AVENUE
NEWVILLE, PA
T"'pho"" (717 ) 776-3187 17241
.J
VS.
GAIL SMITH
50 N.MOUNTAIN RD;
NEWVILLE,PA 17241
DEFENDANT: NAME and ADDRESS
'sMITH, TIMOTHY , ET AL.
50 N. MOUNTAIN RD.
NEWVILLE, PA 17241
L
Docket No.: LT- 0000026 - 00
Date Filed: 3/03/00
-,
.J
THIS IS TO NOTIFY Y,OU THAT: '
Juqjgment:':' FOR PLAINTIFF
~ Judgment was entered for: (Name) HEISHMAN. DQNAI,D K.
o Judgrnent was entered against SMITH, TIMOTHY
i.XJLandlordrrenant action in the arnount of $ 1, 334 .10 on 3/13/00
The amount of rent per month, as established by the District Justice,is $
The total amount of the Security Deposit is $ 350.00
, Total Amount Established bit DJ Less. Security Deposit ApJ)Ji~d = Adjudicated Arnou.8b
Rent In Arrears $ 630.00 - $ ."00 = $630.
Physical Damages Leasehold Property $ 621.72 - $ .00 - $ 621.72
Damages/Unjust Detention $ .00 $ .00 $ .00
Less Amt Due Defendant frorn Cross Complaint - $ . 00
Interest (if provided by lease) $ _ 00
UT Judgment Amount $ 1 . ?'i1 . 7?
Judgment Costs $ 82.38
Attorney Fees $ 00
Total Judgment $ 1,334.10
Post Judgment Credits $
Post Judgrnent Costs $
Certified Judgment Total $
Ime 0 eVIC Ion.
D Defendants are jointly and severally liable.
in a
. (Date of Judgment)
400.00.
D
D
D
Attachment Prohibited/
Victirn of Abuse (Act5, 1996)
This case dismissed without prejudice.
Possession granted.
~
D Levy is stayed for days orD generally stayed.
D"06jeCiioilto[evYfiasbeen fileo'ifiiciheari'ngwnrbi;hela:
Possession granted ifmoney judgment is no sa IS Ie
Possession not granted.
"",
Date: , " Piace: ,
Time: ,
,
IN AN ACTIPN INVOLVING A RESIDENTIAL LEASE, ANY pARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATEOFENTRY OF JUDGMENT BY,FILlI'lG ANDTICEOFAPPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COUI'lTOF COMMON PLEAS, CIVIL DlVISION.THIS APPEALWILLlNCLUDE ANAPPEAL OFTHE MONEY JUDGMENT, IF ANY. IN
qRDERTd:.i;>BT AINAiSUP,EBSEDEAS; THE APPELLANT MUST DEPOSITWITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF .,
,THREE MdNTHS FlJ:NTORTHE RENT ACrUALLYIN ARREARS ON THE DATE TH.EAPPEAL IS FILED. '
"IF APARTYWISHESi"o'APPEAL ONL Y"THEMqNEY POFl'r,IOt:l OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS,AfTEHrHEDATE OF,ENTRY OF JUDGMENT1N WI;l\CHTO FILEA NOTICE OF APPEAL WITH THEPROTHONPTARY/CLERKOF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
'__;HE P~RT~.:ILlNG AN AP;,~~ST I~":~~~DE~ /IY d,~THIS NOTICE OF JUDGMENTlTRANSCRIPT FOR~ WITH ~HE NOTICE OF APPEAL.
, ':d'~ 1..:.>-" Date~- .-h.,.. '..L_--,,,lA"""""4i_f::,, .___..-......- , , Dlstnct Justice
certl y t at t IS IS a true an correct copy 0 t e recor '..0 t e procee InQs containing t e JU gment.
Date , District Justice
My cornmissionexpires first Monday of January, 2006.
Anpr, ~1fiA-qq
SEAL
--
,.J
~_,d.,"
~.' .
"It'
,~. ....
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-02
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF' RESIDENTIAL LEASE
fi:' NAME and ADDRESS
HEISHMAN, DONALD K. '
421 N. MIDDLETON RD
CARLISLE, PA 17013
L
I
Mag. Dist. No.:
OJ Name: Hon.
HELEN B. SHULENBERGER
Add",,, P.O. '''BOX 155
27W. BIG SPRING AVENUE
NEWVILLE, PA
r"'ph"" (717) 776-3187 17241
...J
TIMOTHY SMITH
50 N. MOUNTAIN RD.
NEWVILLE, PA 17241
DEFENDANT: NAME and ADDRESS
'sMITH,' TIMOTHY, ET AL.
50 N.MOUNTAINRD.
NEWVILLE, PA 17241
L
Docket No.: LT- 0000026 - 00
Date Filed: 3/03/00
VS.
I
...J
THIS IS TO NOTIFY YOU THAT:
Juqgment,; FOR PLAINTIFF
[!] Judgment was er)tered for: (Name),"-_JIE.XSHMAN, ,DONALD K..___ __~~_,__
o Judgment was entered against SMITH, TIMOTHY
iXJ Landlord/Tenant action in the amount of $ L 334.10 on 3/13/00
The amount of rent per rnonth, as established by the District Justice, is $
The total amount of the Security Deposit is $ 350.00
, Total Amount Established b\L DJ Less' Security Deposit ApQJi~d - Adjudicated A!11OUnb
Rent In Arrears $ 630.00 - $ ."00 ~ $ 630.0
Physical Damages Leasehold Property $ 621,.72 $ .00 $ 621. 72
Damages/Unjust Detention $ _ 00 - $ .00 $ .00
LessAmt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ _ 00
UT Judgment Amount $ 1 .251 _ 72
Judgment Costs $ 82.38
Attorney Fees $ 00
Total Judgment $ 1,334.10
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
o Possession granted if money judgment is no sa IS Ie y Ime 0 eVlc Ion.
~ Possession not granted. 0 Defendants are jointly and severaily liable.
o Levy is stayed for ,', days or 0, generi3i1y stayed., '
D Objection to' Levy'has"beeil'fii;ftrand healln~~iij'bil~~Td;T'o'.x/""n,.'
in a
. (Date of Judgment)
400.00.
o
o
D
Attachment Prohibited/
Victim of Abw3e (Act 5, 1996)
This case dismissed without prejudice.
Possession granted.
"~"",,., ':;-""~",,' "',,,
Date: , Piace: ,
Time: ' '
, ,
IN AN ACTION INVQLVING A BESlpENTIAL LEASE, ,ANYPARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FORPQSSESSIQN WITHIN
TEN DAYS AFTER THE DATE QF~NTRYOF JUDGMENT BY FILING A,NQTICE .oF APPEAL WITH THE PROTHONQ.TARY/CLERKOF COURTS
OFTHE CQURT OF CQMMON PLEAS,GIVIL DIVISiON, THIS APPEAL WILLINCLUDEAN APPEAL .oF THEMQNEY JUDGMENT,lF ANY. IN '
'ORDER TOOBTA:INA'S.lJP,E~$EDEAS;TIjEAP"ELLANT MUST DEPOSIT WITH THEPROTHQNOTA,I'lYICLERK OF COURTS THE LESSE'1 OF
'tHREEMONTH$"!'f~NT6R THEBENT ACTUALLV INARREARSQNTHE DATETHEAPPEAL IS FILED. ' "
IF A PARTV:WiSI{ks ,.OAPPEALONLVTHE MONEYPpRTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THEPARTV HAS
30 DAysAFTER:;THE DATE OF .ENTRY OF JUDGMENT INWHICH TO FILE A f'!OTICE.oFAPPEALWITH THE PROTHONOTAflYIOLERK OF
COURTS OF THE COURT QFCOMMQN PLEAS, CIVIL DIVISION. ,
_THE P~RTVFILlNG AN APPE '~ST INS,YDB Co/V QFTH. IS NO.TICE OF JUDGMENT/TRANSCRIPT FQRM WITH THE NQTICE OF APPEAL,
3,-/.3- tJ" Date. ,tr. ,:8, ~-i? _~ -___----. , District Justice
certl y t at t IS IS a true an correct copy 0 t e recor' t e procee Ings containing t e JU grnent.
Date , District Justice
My commission expires first Monday of January, 2006. SEAL
A()Pr. ~1"iA_qq
..
DONALD K HEISHMAN
Plaintiff
IN THE COURT OF COMMON PLEAS OF
y.
CUMBERLAND COUNTY, PENNSYLVANIA
d.cro-
NO. l~lRlc CIVIL TERM
TIMOTHY SMITH and GAIL SMITH
Defendants
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Timothy M. Smith, Defendant, to proceed in forma pauperis.
I, Philip C. Briganti, attorney for the party proceeding in formapauperis, 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 litigation is attached hereto.
i4!% 4
p~gan~~
Attorney for Defendant
I
~
WOoIiIlllf":
Ii
!:'
"
i'!
I,!
,
!j
!'i
'::
,
DONALD K HEISHMAN,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs.
TIMOTHY SMITH AND GAIL SMITH
Defendants
: CUMBERLAND COUNTY , PENNSYLVANIA
. cJo
: NO. (I1J./U? CIVIL TERM
:J
:j
,
::i
"1
~
::i
~1
"
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEA VB TO PROCEED IN FORMA PAUPERIS
l
~
'.1
"I
'-i
,
1. I am the defendant in the above matter and because of my [mancial condition am unable to pay the
fees and costs of prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of
,
I
i
"
:.J
litigation.
3. I represent that the information below relating to my ability to pay the fees and costs is true and
correct.
(a) Name:
Timothy M. Smith
Address:
50 North Mountain Rd.
Newville. PA 17241
(b) Social Security Number: 265-49-1099
If you are presently employed, state
Employer: Fry Communications
Address: 800 West Church St.
Mechanicsbur!!. PA 17055
Salary or wages per month: $1736/!!ross
Type of work:
Pressman
If you are presently unemployed, state
Date of last employment:
Salary or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession: N/A
Other self-employment: N/A
Interest: N/A
Dividends: N/A
Pension and annuities: N/A
Social Security benefits: N/A
Support payments: N/A
Disability payments: N/A
Unemployment compensation and
supplemental benefits: N/ A
Workman's compensation: N/A
Public Assistance: N/ A
Other: N/ A
(d) Other contributions to household support
(Wife)(Husband) Name: Gail Smith
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
,'J - ~ "C_, ",,"_
Contributions from children:
(e) Property owned
Cash:
N/A
Checking Account:
$350.00
Savings Account:
$350.00
Certificates of Deposit: N/ A
Real Estate (including home): . N/A
Motor vehicle: Make Ford Bronco Year 1984
Cost $3000
Amount owed $0
Motor vehicle: Make Ford F-150
Year 1999
Cost $28000
Amount owed $27000
Stocks; bonds:
N/A
Other:
N/A
(t) Debts and obligations
Mortgage:
Rent:
$200/mo
Loans:
Auto loan $466: nersona1loan $86: persona1loan $130
Monthly Expenses: Groceries $300: auto insurance $140: Gas $300:
Clothing $50: Tell<Phone $60: Misc. expenses $50
(g) Persons dependent upon you for support
(Wife) (Husband) Name: Gail Smith
''-->- ,',__"..;0''',' "<e'
",
;1
"
p
Ii
ii
:1
Children, if any:
Name: Timothy Smith Jr
Age:
9 years
Corey Smith
7 years
Ashley Smith
5 months
4. I understand that I have a continuing obligation to inform the court of improvement in my
financial circumstances which would permit me to pay the costs incurred herein.
5. 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: 7-/7' ".
0,
/L
Timothy Smith, Defendant
lriIIIil
>1iIIlikIo"lllil'.'..a~~~I!i~~"'""""'-'C
~~ '-',.'~,_ .",~ ~~ ..--1
--~,
" ,," ^~~"
1lIiliiil1llllt
~. ,
I.
() CJ q
C 0
s: ::lI: :::1
-oUl
mrtl ".. ~~:i'1:n
Z::D = ..
Zr;: N ..."F'11
~:2: <::) :60
() I
;<CI '-00
> ~l~ :fi
>- ::J:: a
zO -"..0
~O r;? om
>-c
z W ~
:< \0 -<
=
.
~ "
.,
,w~~ _
Z 332 849 298
US Poslal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Bentto
27 W Big Spring
Post Office, State, & ZIP Code
Newville PA
P~g. $
Avenue
17241
33
D
Certified Fee
Special Delivery Fee
Z 332 849 299
US Poslal Service
Receipt for Certified Mail
,. No Insurance Coverage Provided.
, Do not use for International Mail See reverse
10
" Street urn r
P~g.
$
CelIiIWdF..
Special Delivery Fee
Restricted CeUvery Fee
'"
m Return Receipt Showing to
.,.... Whom &
aR
<(
/.
;
,I
--.- .i.,
,33
o
~
'."
i
I
i
I
I
i
I
I
i
I
I
I
!
i
I
i
!
I
I
...
-
CoMMONWEA~iHPFPENN5YLVANIA .NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ~a:o- J (g(,(p CI~; II((II'!
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Cammon Pleas an appeal from the judgment rendered by the District Justice an the
date and in the case mentioned below.
NAME OF APf'EUANT
MAG. DIST. NO OR NAME OF D.!
OTY
Helen B.. Shulenburer
STATE ZIP CODE
ADDRESS OF
" ~. .
N
." o~.
""IE
c
aintiff)
3-13-00
Q.AJM NO
Donald Heishman
(DeIeh "'"
and Gail Smith
Sl~:;Z?, RHIS LegalSe:cvicas, In,c ~
CV H~ 7... B Irvine HolIi'
U19 rm_oooon~fi_nn Phili~ C. Bri anti, Esq.
This black will b~::signed ONLYwhen this'1"tatian is required under Po. R.cPJP, No. If aptjeliamwas CLAIMANT (See Pa. R.cP.JP. No.
1008& .
This ~otice of Appeal, when received by t~ Di~;ict Justice, will operate as a 1001(6) in ~tion /;letore District Justice, he MUST
SUPERSEDEAS ro the judgment forpossessian in this case. FILE A COMPLAINT within twenty (20) days after
filing his NOTIcE of APPEAL.
Signature of Prothonotary, or Deputy
~"~ECIPE TdE~TERIl~LE TO FILE COMPLAINT AND RULE TO FILE
, ',,' ',~
/This section of fotm ti:J.pe used ONLY wh'en appellantWlls DEFENDANT (see Pa. R.CP.JP. No. 1001(7) in [jCtion before District Justice.
IF NOT USED, detach from copy of notice of appeal to be .seNed upon appellee).
PRAECIPE: To Prothonotary
'(:) ,(~:) ("'.,
Enter ~l~up~:~DO~ld K. Heishman
... eo' ~', ~'~".:, ~,'i..:r cr~ Name of appeffee(s)
!Common P~s No. ~x:~g~~ (.pU 1..0 Citj I T(( /VI ) within twenty (20) clays after /~Of rule or s"; ~ f judgment of non pros.
//y "
Sjgnature of f8nt or his attomey or agent
, appellee(s), ro file a complaint in this appeal
DGnald ~ Heishman
RULE: To.. ,.',' , amoIlee(s).
Name of appel/f3e(s) "~,u,,,:._~
~~, ~~ ~9tjf~DC9q
(1) You. are natified.that a rule is herebye.:,~uponyou ro.flle a1cOmplainf in this appeal wilhi~:'~!l( .(20) days after ihe date of'
service of this rule. upan you by pl!rsonal service or by certified or registered moil.'. . >' ..... ,..., . .
(2) If you do .nat file a complaint within this time, a JUDGMJ;NT'OF NON PROS WILI.8~ENTERED AGAINST YOU;>,
. ' ,..':~,. 0," <~, '-' \ :',\ '" ' "
(3) The date of service of thi..rul~~s;i;'9i~~i'~mQil ist~~cite of moiling.
", '\
~C",\V\v(iQ.I!'G{.,.;~j
'i . ~oI_ fI( Deputy
J;';,.i,-:~~~' ,
Date: ~dI 2.i:) ,r~
N)PC 312.84
COURT FILE
, ",</~,'.'~:~","1';4~1-""-<,:f";};'c:',:',,.;;--;,I,"',,; ""'?i-':"'';>;'- .'i):i.c \ ..' ~,^,!,
-. -.. ~' {.' .,',,'
, "'",.. ,-"""",,",,,,,,-,',;"'T
."0,'''",,,.
"-, , ...~ '''.; '.,'.., ,., ,,; ,
. ".
<;(\iij~,l;jti,~MiI/lWjHj,*~'A''!\JP~''V',fi'";''''.Ji;.~;~;i<---",Ai,~.*ld,:~',d""'!J,;~;","~~'~.'",,,,'~"i.i-#~.~H.""''''1\'~:;. ~":~'.:"__" ~l,.l . ,'-,.!fIll~~~~~~~...n:u~ :,.~r',:J~,b,t:~Wtlr ,1, -
11-.
I
PRO'QF OF SERVICE OIF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST Bt FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Cheok applioable boxes)
COMMONWEALTli OF PENNSYLVANIA
COUNTY of.~t:lmber land
; 58
AFFIDA'IIT: I h,ereby :!wear or affirm that I served
2000-1666 Civil Term
~ a copy ot the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) March 20. 2000 , 0 by personal servlGe XJ by (certified)l€~ mali, sender's
receipt attached hereto. and upon the appellee, (name) Donald K. lIei shman _ , on
.......MJ;u::.c:h..2.0..- ,J4il 0 0 0 by personal service Kl by (certilied)J(llelllil!l~ mail, sender's .receipt attached hereto,
S~ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s)to whom
the Rule was addressed on M"r"h 20 200.0..-.... by personal service X] by (certlliedb.l~ij{tered)
mail, sender's receipt attached hereto, /l
SWORN (AFFiRMED) AND :SUBSCRIBED BEFORE ME 0f;.'" /.
THIS __.~. DAY OF ,19_ 7/ 'i:,&.
.... .
..;/
ignature of affiant
Signature Dr artlC/Hi befoTa whom affidavit waS made
My commission C)(,pires on
,1U-~
(') 0 0
c: 0 'Tl
s:: :s: :?-
;:RCO ~ n, :Il
z93 hi
ZS;: ~ ~86
~Z 0 0
:?-r
~C) ""t;l - R:D
~8 :II: ~O
-m
W ~
~C ..
~ 0 ~
U1
!'it!e of official
I verify that the statements made in this Affidavit are
true and correct. I understand'.,that, false statements
herein are made subj ect to thep~a,;!.;~iesf'" set forth
under 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
/}
/"
.-7
/
~ '" ,47"
,~'~1,.,,-,'~
I
t
I u I
1" Iii rnl
-~. ..
,'~ "'d"'~" ,g'-
I!
--"
~ ~
."
"""' ",
i'''':k;
09-3-02
PLAINTIFF:
,-
00- 1/..1.1.. ~o~l
LANDLORD AND
TENANT COMPLAINT
4
eOMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Disl.No.:
NAME and ADDRESS
"I
DJ Name: Hon.
Donald K. Heishman
421 N. Middleton Road
Carlisle, PA 17013-8638
HELEN B. SHULENBERGER
Add",,, P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA 17241
Teleph"" (717)776-3187
L
..J
DEFENDANT:
,-
VS.
NAME and ADDRESS
Timothy & Gail Smith
c/o Dave Baker Residence
50 N. Mountain Road
L Newville, PA 17241
Docket No.:
Date Filed: March 1, 2000
"I
..J
TO THE DEFENDANT: The above named plaintiff(s)
asks judgment together with costs against you for
the possession of real property and for:
\./1}>
Lease ~ ~ Residential D Nonresidential.
[!J Damages for injury to the real property, to wit:
Filing Costs
Service Costs
Total
Arnount
$ ~~-
$ \o"C_
$
Date Paia
OSlOI/60
01./01/ 0"
/ /
See attached list
in the amount of: $ 658.50
D Damages for the unjust detention of the real property in the amount of
Q Rent remaining due and unpaid on filing date in the amount of
D And additional rent remaining due and unpaid on hearing date
THE PLAINTIFF FURTHER ALLEGES THAT:
$
$ 630 .00
$1,288.50
Total: $
1. The location and the address, if any, of the real property is:340 Wagner Drive, Carlisle, PA
Defendants have moved out of rental still owning back rent and damages.
2. The plaintiff is the landlord of that property.
17013
3. He leased or rented the property to you or to under whom you claim.
4. D Notice to quit was given in accordance with law, or
D No notice is required under the terms of the lease.
5. D The term for which the property was leased or rented is fully ended, or
D A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit:
or,
D Rent reserved and due has, upon demand, remained unsatisfied.
6. You retain the real property and refuse to give up its possession.
I, , Donald K. Heishman verify that the facts set forth in this complaint
are true and correct to the best of my knowledge, information andlill:f:\This statement is ma e subject to the
penalties of Section 4904 of the Crirnes Code (18 PA. C. S. S 49 4) r?laying to unswo f Isi' ation 0 authorities.
.' /. .
(Sig r 0 lainti
(Plaintiff's Attorney) (Address) (Phone)
IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the
occupancy of the premises, which is in the district justice jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a
complaint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession
and costs, and for damages and rent if claimed, may nevertheless be entered against you. A judgment against you for possession may result
in your EVICTION from the premises. If you are disabled and require assistance, please contact the Magisterial District office at the
address above.
AOPC 31 OA~98 Remarks and summary of teslimony may be recorded on reverse side.
~' -
" "'~,
",-,
..
Feb Relit
Late Charges 011 relit
(Feb.7-Feb.29)
Oil Tank filled $489.90
As stated on lease- oil tank was filled when they moved in , was to be filled when they moved out. The
tank was completely empty.
Service call for furnace $ 50.00 .
Service call was because they had allowed the tank to go empty previously.
Cleaning $120.00
3 mo. Trash removal $ 30.00
The trailer was very dirty alld ellough trash left for several pick-ups.
Damages $258.60
Broken window. broken screen, broken glass in refrigerator, holes in walls.
Broken blinds $ 40.00
Frozen outside faucet $ 20.00
$400.00
$230.00
~..~--~-~-
$1,638.50
- 350.00 less security deposit
$1,288.50
They did not give a 30day written notice ofleaving. They called the 7'" of Feb.- moved out the
ISth_ did not make all attempt to pay Feb. rent. Mrs. Smith told people they did not intend to pay relit or fill
the oil tank. The oil tank was completely empty, it was a good thing we didn't have freezing weather or
everything would have been frozen.
Timothy & Gail Smith
50 N. Mountain Rd.
Newville, PA
They are living with Mrs. Smith's father:
Dave Baker
50 N. Mountain Rd.
Newville, PA
Mr. Smith works at:
Fry Communications Inc.
800 West Church Rd.
Mechanicsburg, P A 17055
1Jo;.;f.fK. iiclilimi.n ~
421 N. Middleton Rd.
Carlisle, PA 17013-8638
------
"=~ ~~"- "~~"'..
~ ~
1J...........
~'-<l'r 'i~~
-
GOMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dlst.No.:
09-3-02
COMMON PLEAS NOTIFICATION
REQUEST FORM
PLAINTIFF: NAME and ADDRESS
'HEISHMAN, DONALD K. I
421 N. MIDDLETON RD
CARLISLE, PA 17013
L ~
DJ Name: Hon.
HELEN B. SHULENBERGER
Addc.", P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
Telep'"'' (717) 776-3187 17241
VS.
HELEN B. SHULENBERGER
P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA 17241
DEFENDANT: NAME and ADDRESS
'sMITH, TIMOTHY, ET AL. I
50 N. MOUNTAIN RD.
NEWVILLE, PA 17241
L ~
Docket No.: LT- 0000026 - 00
Date Filed: 3/03/00
Disposition Date: 3/13/00
Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the
results in this case, and return to the issuing authority (listed above).
RESULT OF APPEAL Common Pleas Judge
CIVIL.LANDLORD/TENANT APPEAL
APPEAL STRICKEN - appeal has been disaiiowed.
APPEAL DISCONTINUED - appeal has been discontinued by appellant.
DISTRICT JUSTICE DECISION UPHELD - court has reached the same decision as the district justice judgment.
DISTRICT JUSTICE DECISION DISMISSED - court has reached a decision that does not concur with the district
. justice decision. .. .,..
WRIT OF CERTIORARI
WRIT STRICKEN - appeal has been disallowed.
WRIT DISCONTINUED. writ has been discontinued by appellant.
DISTRICT JUSTICE DECISION SET ASIDE - the case wiii be reheard due to irregularity, iack of jurisdiction, or
improper venue.
WRIT DiSMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper
venue.
STATEMENT OF OBJECTION (Please give a general summary of the results)
OBJECTION DISCONTINUED - objection has been discontinued by the appellant.
OBJECTION DENIED. objection has been denied by the Court of Common Pleas.
OBJECTION UPHELD - appeliant's objection has been upheld by the Court of Cornmon Pleas.
AOPC 729B-98
FORM PRINTED: 3/21/00
9:40:02
~"",...~_'m
L
" ' ~
..~'~..:
GOMMONWEAL TH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-02
COMMON PLEAS NOTIFICATION
REQUEST FORM
PLAINTIFF: NAME and ADDRESS
'HEISHMAN, DONALD K. I
421 N. MIDDLETON RD
CARLISLE, PA 17013
L .J
Mag. Disl. No.:
OJ Name: Hon.
HELEN B. SHULENBERGER
Add,e,,, P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
Telephooe' (717) 776-3187 17241
VS.
HELEN B. SHULENBERGER
P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA 17241
DEFENDANT: NAME and ADDRESS
!sMITH, TIMOTHY, ET AL. I
50 N. MOUNTAIN RD.
NEWVILLE, PA 17241
L .J
Docket No.: LT- 0000026 - 00
Date Filed: 3/03/00
Disposition Date: 3/13/00
Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the
results in this case, and return to the Issuing authority (iisted above).
RESULT OF APPEAL Common Pleas Judge
CIVIL.LANDLORD/TENANT APPEAL
APPEAL STRICKEN. appeal has been disaliowed.
APPEAL DISCONTINUED. appeal has been discontinued by appellant.
DISTRICT JUSTICE DECISION UPHELD. court has reached the same decision as the district justice judgment.
DISTRICT JUSTICE DECISION DISMISSED. court has reached a decision that does not concur with the district
justice decision.
WRIT OF CERTIORARI
WRIT STRICKEN. appeal has been disaliowed.
WRIT DISCONTINUED - writ has been discontinued by appeliant.
DISTRICT JUSTiCE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of jurisdiction, or
irnproper venue.
WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper
venue.
STATEMENT OF OBJECTION (Please give a general summary of the results)
OBJECTION DISCONTINUED - objection has been discontinued by the appeliant.
OBJECTION DENIED - objection has been denied by the Court of Common Pleas.
OBJECTION UPHELD - appellant's objection has been upheld by the Court of Cornmon Pleas.
AOPC 7298-98
FORM PRINTED: 3/21/00
9:40:21
., ~~ . ~ ,
"
"
~ . ,~'
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-02
NOTICE OF JUDGMENTITRANSCRIPT
PLAINTIFF' RESIDENTIAL LEASE
rt;' NAME: and ADDRESS
HEISHMAN, DONALD K. .
421 N. MIDDLETON RD
CARLISLE, PA 17013
L
YS.
DEFENDANT: NAME and ADDRESS
IsMITH, TIMOTHY, ET AL.
50 N. MOUNTAIN RD.
NEWVILLE, PA 17241
L
Docket No.: LT- 0000026 - 00
Date Filed: 3/03/00
..."..
~
Mag, Dist. No.:
OJ Name: Hon.
HELEN B. SHULENBERGER
Add'.ss P.O. ,BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
T".,hoo., (717) 776 - 3187 17241
HELEN B. SHULENBERGER
P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA 17241
THIS IS TO NOTIFY YOU THAT:
Ju\;lgrnent: FOR PLAINTIFF
[j] Judgment was entered for: (Name) HEISHM.l\N, DONALD K.
o Judgment was entered against SMITH, GAIL
~ Landlord/Tenant action in the amount of $ 1. 334 .11 on 3/13/00
The arnount of rent per rnonth, as established by the District Justice, is $
The total amount of the Security Deposit is $ 350.00
. Totai Amount Established b\l. DJ Less' Security Deposit ApoJied = Adjudicated Amou8b
Rent In Arrears $ 630.00 - $ . UO = $ 630.
Physical Darnages Leasehold Property $ 621. 73 $ .00 - $ 621. 73
Damages/Unjust Detention $ _ DO - $ . DO - $ . DO
Less Arnt Due Defendant from Cross Complaint - $ . DO
Interest (if provided by lease) $ 00
UT Judgrnent Amount $ 1.251 .73
Judgment Costs $ 82.38
Attorney Fees $ 00
Total Judgment $ 1,334.11
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
y Ime 0 eVlc Ion.
D Defendants are jointly and severally liable.
in a
. (Date of Judgrnent)
40.00.
D
D
D
Attachment Prohibited/
Victirn of Abuse (Act 5, 1996)
This case dismissed without prejudice.
Possession granted.
~
o Levy is stayed for days or 0 generally stayed.
D Objection to Levy has been filed and hearing will be held:
Possession granted If money judgment is no sa IS Ie
Possession not granted.
Date: Place:
Time:
,.' ""r",
,
..' - ""
" , . i
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JU.9GMENT ~OR"OsSESSION 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 PROTHONOTAIl'f/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 PROIHONOl'ARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. '. .' :.. .." ...... ',',' " .."
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT Fq~M:~ITH T.HE NOTICE OF APPEAL
Date .,.. , District Justice
certl y t at t IS IS a true an correct copy 0 t e recor 0 t e procee mgs containing t e JU gmen.
Date ' District Justice
My commission expires first Monday of January, 2006.
A()PC':::\1"iA_AA
SEAL
~ I ~
_:0...
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-02
NOTICE OF JUDGMENTITRANSCRIPl
PLAINTIFF' RESIDENTIAL LEASE
/D' NAME and A(?DRESS
HEISHMAN, DONALD K.
421 N. MIDDLETON RD
CARLISLE, PA 17013
L
VS.
DEFENDANT: NAME and ADDRESS
'sMITH, TIMOTHY, ET AL.
50 N. MOUNTAIN RD.
NEWVILLE, PA 17241
L
Docket No.: LT- 0000026 - 00
Date Filed: 3/03/00
"~.....'-
~
Mag. Oist. No.:
OJ Name: Hon.
HELEN B. SHULENBERGER
Add,.ss, P.O. 'BOX 155
27 w. BI~ SPRING AVENUE
NEWVILLE, PA
T"'phoo, (717) 776-3187 17241
HELEN B. SHULENBERGER
P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA 17241
THIS IS TO NOTIFY YOU THAT:
Juggment: ' FOR PLAINTIFF
[!] Judgrnent was entered for: (Name) HEISHMAN, DONALD K.
r::l Judgrnent was entered against SMITH, TIMOTHY
lXJ Landlord/Tenant action in the amountof$ 1.334.10 on 3/13/00
The amount of rent per month, as established by the District Justice, is $
The total arnount of the Security Deposit is $ 350.00
.' Total Arnount Established b'L OJ Less' Security Deposit ApQ.li~d = Adjudicated Amou8b
Rent In Arrears $ 630.00 - $ . uo = $ 630.
Physical Damages Leasehold Property $ 621.72 $ .00 - $ 621.72
Damages/Unjust Detention $ _ 00 - $ _ 00 $ _ 00
Less Amt Due Defendant from Cross Complaint - $ _ 00
Interest (if provided by lease) $ 00
UT Judgment Amount $ 1 .251 _ 72
Judgment Costs $ 82.38
Attorney Fees $ _ 00
Total Judgment $ 1,334.10
Post Judgrnent Credits $
Post Judgrnent Costs $
Certified Judgment Total $
D Possession granted if money judgment is not satisfied by time Of eVICllon.
~ Possession not granted. D Defendants are jointly and severally liable.
o Levy is stayed for . days or D generally stayed.
o Objection to Levy has been filed and hearing will be held:
in a
. (Date of Judgment)
400.00.
D
D
D
Attachment Prohibited/
Victim of Abuse (Act 5, 1996) .
This case dismissed without prejudice.
Possession granted.
Date:
Place:
Tirne:
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 APPE,II'tMUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
. i. . . Date,,~'/i ( .:::"'" ....,,,.. , District Justice
certl y t at t IS IS a true an correct copy 0 t e recor 0 t e procee Ings containing t e JU gment.
Date ' District Justice
My cornmission expires first Monday of January, 2006. SEAL
Anpr::'l1-',A_Cl<;l
..!..~" """'.,,. ""--;~"-'
mill.
uI__l!IIIiilmlltilaliilJi!il!!Iiiiirllilii~~~Ili'i...~...i~~~lllIi
.~. ~.
liIllIiIIlIlIiI_w
"'.lif ~~
.,
.
() 0 0
C 0
s: "
""'OU} ::II:: ::rJ
[!l [!~ "'"
Z~''-' ~" : ~11~
21"-" N
05\" j''"IrTJ
-<2 I'.) ~6c}
,.) L
!;:Cl V -".'"IC.J
~Q , ,.
::x P5 ::D
;r;:o '7t'"')
C ~ 0""
:z "'"' """
=< :D
,,, -<
.