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HomeMy WebLinkAbout03-4452CQMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Commofl Pleas an appeal from the judgment rendered by the District Justice on the date and in the case menfionm:l below. Wend¥ Marpoe 4 West Main Street, Apt 2 8/18/03 Chris Bistline CV LT 0000276-03 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No, 1008B. This Notice of Appeal, when received by the District Justice, will opeeate as a SUPERSEDEA$ to the judgemmt for possession in this case Signature of Protho~tary or Deputy Walnut Bottom PA 17266 ~ Wend¥ Marpoe  MidPenn Legal Servic~ stone 8 Irvine Row C~]isle PA 17013 If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District 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 section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of al)Peal to be served upon apDellee). PRAECIPE: To Prothonotary Enter rule upon (Co,~,~ P~s ~ RULE: To Ch~-~Ls BJ. stline Name of appei~s) (1) You are notified that a rule is hereby entered upon you to file a comp4aint in this appeal within twenty (20) days after the date of seevice 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 JUDC.~NT OF NON PROS W1LL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COt'~PLA~NT COMI~ONWEALTH OF PENNSYlVANiA COU~TY OF S AFFIDAVIT: hereby ~wear afl'~ ~. sevx:<~ [] ~ opv of the A~pe~ C0rr',r: n Pie~ No, ur;.~, t/~, ud,,c u~ uc,~ do;~ ~,, '~ ~date ~aer~tc~d [] by ers( ~ ~]] y ,~ f ,-,, registered receipt attad ed hereto and pon the appel e, (ntT' ~ bypesora s(u: ~by(cert~ed (regsteed xa de s',eceptattac ed ~e(~ ~]and fu'tJerthatlservedtheR~eto:ieaC pphr accompa~yng?eaboveNoceo Appea~ po ti'e ~)pelee(s)towron r,,a ~dersreceptattached eret SWORN .,,--COMMONWEALTH OF PENNSYL. COUNTY OF: CUMBERLAND Mag, Dist. No.: 09-2-01 A~dress: 1 COURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 240-6564 17013-0000 ATTOP/qEY DEF PRIVATE MIDPENN LEGAL SERVICES 8 IRVINE ROW CARLISLE, PA 17013 NOTICE OF RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS ~ISTLINE, CHRIS 220 CHERRY ST CARLISLE, PA 17013 VS. DEPENDANT: NAME and ADDRESS rMARPOE, WENDY 143 N WEST ST CARLISLE, PA 17013 Docket No.: TuT- 0000276 - 03 Date Filed: 7/16/03 jDGMENT/TRANSCRIPT THIS IS ]'O NOTIFY YOU THAT: du~{gment: FOR PT.ATNTIFF [-~ Judgment was entered for: (Name) BISTLINE, CHRIS Judgment was entered against MARPOE, WENDY ~'~ Landlord/Tenant action in the amount of $ 1,189.70 on 8/18/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ 450. O0 Rent in Arrears in a · (Date of Judgment) 450.00. Physical Damages Leasehold Property Damages/Unjust Detention Total Amounts Establishedl,098.80_$bvOJ Less-Security Deposit Applied. Do = = $ Adjudicaj.e/0%%°.ul~ ~--~ Attachment Prohibited/ 42 Pa.C.S. § 8127 ~-~ This case dismissed without prejudice. ~'{ Possession granted. Certified Judgment Total ~-~ Possession granted if money judgment is not sat~st~ed Dy ttme 0t eviction. ~'~ Possession not granted. d .00-$ .00 = $ .00 .00--$ .00 = $ .00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided bY lease) $ .00 UT Judgment Amount $ 1,09 R. R 0 ~'~ Judgment Costs $ 90.90 Attorney Fees $ . O0 Total Judgment $ 1,189.70 Post Judgment Credits $ Post Judgment Costs $ $ ~--~ 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 JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 MAY SE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN TIlE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ced{fy that this is a true and ~i'~ct~y 6f t~e re.,c~ .o,t~YhjC,qroceed[n'~s co~aining the judgment { 08-18-03 Date (~,-"~..~_ ~ ~bd//'~ , District JusticeI ^~c 3~,~-o~M commission exp res f rst Mondavy of January, 2006.2006. - ' SEAL ,. Lk, O SWEALTH OF PENNsyL Vd&t4 PAULA P CORREAL CARLISLE BOROUGH NORTH MIDDLETON TOWNSHIP DISTRICT JUSTICE Magisterial District 09-2~01 I Courthouse Square East Wing Annex Carlisle, PA 17013 OFFICE: TEL (717) 240-6564 FAX (717) 240-7821 August 18, 2003 LT-276-03 (addendum) ** Amount reflects JULY and AUGUST rent ($900.00), late fees ($50.00), and water/server ($148.80). I find that the original "Notice to Quit" is lawful Insufficient evidence to merit charging rent for additional person and late fees requested by Plaintiff are excessive. In my opinion, "Warrant of Habitability" has not been breached. Conditions, although not optimal, do not rise to the level needed for said breach. Possession is granted to the Plaintiff. CHRIS BISTLINE, Plaintiff V. WENDY MARPOE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- t../¥,5",L, CIVIL TERM PRAECIPE TO PROCEED IN FOP, aMA PAUPERIS To the Prothonotary: Kindly allow the defendant in this action, Wendy Marpoe, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding i__n 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. Attorney for Defendant PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WitHIN TEN (t0) DAYS AFfER lSn~ ~he ' . ~ · no~tce of appea,. Check applicable boxes) AFFIDAVIT: ~ hereby swear or affirm that I served [~ ~j~;[,/~ttir~P~e~]', ~leas No. ~~ u?~e O~strict Judice designated there,, on mce~ .... {c'~ ~ / f~-I ~ ~a ; ..... ~,~y pets?al se[vice ~by (certified (~ mai set der:s ,_ ~P~a~acneo ne.eto, aha upon the appellee, ~name) ~¢~ ~.~1~ ~o~ph ~..~1~, E~ ~ on and turk . . ' ¢, ~ ~~ ~-/,. a,~, .......... ,~,v, - ached r~ere o SWORN (AFFIRMEP AND SUBSCRIBED BEFORE THIS ~AY OF 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 falsifications to authorities. ................. NOTICE OF APPEAl. COMMONV/EA, LTH OF pENNSYLVANIA COURT Of CC~MiVION PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is gin that the appdiant has filed in the above Court of Common Pleas an appea~ from the judgment rendered by the District Justice on the date and in the case mentioned belo~ 4 WeSt Main Street, Apt 2 OT¥ Walnut Bottom PA 17266 8/18/03 Chris Bt atlin , ~E~ ~ ~An~A~ MidPe~ ~al Servt~ CV ~ ~/~-'-~stone 8 Irvine Row - · y ~ this ~ti~ is ~ u~ P~ RCPJ~ ~ ff ~ ~ OLAI~ANT (s~ ~. ~.O.P.J.P. No. T~s ~k will ~ ~ ~L · This ~tke of A~L w~ ~&~ ~PERSEDEAS ~ ~ just ~ ~ss~ in t~s cas~ FILE A COMPLAINT within t~my (20) da~ after filing his ~TICE of A~AL. S~na~m of ~h~o~ ~ ~Y PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT f see Pa. R.C.P.J.P. No, 1001 ~ 7 ) in act/on before District Justice. IF NOT USED, de~ech from copy of notice of appeal to be served upon appellee), PRAECIPEz To Prothonotary , appellee(s), to flie a complaint in this appeal Erlter rule upon C~.~.& ~! =~I :~%~ Na, ne of aooel~s) (Common Pleas Na ~.,~ ~ J ./'1/4'~ L~""~ ) within twenty (20) days after ser~~udgrnent °f non pr°s' / , appellee(s). (1] You are notified that a rule is hereby entered upon you to file a compJa~ in this appeal within twenty (20) days after the date of service of this rule ulxm y~u by personal serViCe or by certified or registered mail (2) ~f you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. COURT FILE AOPC 312-90 Certified Mail Provides: a89c-~-an-~8~o~ · Certifieri Malt may ONLY be combined with First-Class Mail~ er Priority Mail~ · NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For delivePJ. TO obtain Return Receipt so~e, p~oase complete an~ttach a Return Receipt PS Foi'~n3811 tothearticleandaddapplicablepostagotocoverthe IMPORTANT: Save this receipt and present it when making an inquiry. loternet access to delivery information is not available on mail addressed to APOs and FPOs. [:3 Certified Mai · . A mail n- re--! · A Ure~e Identrfier for your mall * [a~a~e~/~ o~ -~-~0-~0~ ~ NO iNSURANCE CO fe~. Endo~e For an a ' SP~ P~/mark o~' To ~ive ~gte~° ~yer the ..re~sed to APOs ~"~ mforma[Io;"~2' ~ when mak .... . ~ ,~a~ 'roy ~e~: ~ ('¢ '1 ° P~, ce p~ease comp e e anc~°~ttach ~ R~t. r_ , ~,c [p,ece 'R,t n~eceiptRe ues~" ~ p~stagetoooyerthe MPO~t;:~t~' ; ~&,~ t*~is receipt and present il when making an inquiry.