Loading...
HomeMy WebLinkAbout07-7289 G;0MMVNWEALTH UP PENNSTLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM I DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 6 7 - 7 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. NAME OF APPELLANT MAG. DIET. No. NAME OF D.J. lre v b?k , ki a Aax M- Alm?? 109 -A - o rte. -n s s I OVA -3'R P . .ST, Lr, Ar I' r 013 DATE OF JUDGMENT IN THE CASE OF (f+I#ntiR) r0 us t (D?Nnd?nf} 1 I - ?„ - d r`7 L.e s 1 i ?2 ill i I I Q.,r ,l .i f f tAtV ? DJ,? J ?t`nr/ ,a I?0 R -r LT- o000 351 ' 0-1 I 11---? •4-1? 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 filing the NOTICE of APPEAL. Sooft ?orRouwnasyorpopdy 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 L y. S eY 1 L 1 ?' t A n ?ps?? `ppellee(s), to file a complaint in this appeal Name of apW"(a) (Common Pleas No. 6 7 _ 12 89 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ry? f i sryn u e of a t o. y or agent RULE: To Le$')'l' t rl l ?! @I" ??1 1 tAfl ? epee(s) Name of appe#Ws) (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 2067 solar of Proftnaary or 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 - APPELLANTS 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 COMPLAWT (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, on sender's receipt attached hereto, and upon the appellee, (name) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of afryant Signature of official before whom affidavit was made Title of official my commission expires on 20 00 d ? O p C o m Z- 7rT, 4 -? ? s -c'r te r' ?? .. ?.? a C. o atlp,? 4r - COMMONWEALTH OF PENNSYLVANIA BOUNTY OF:! CUKBERLAND Mag. Dist7NNo: 09-2-02 MDJ NamJESSICA BRENBAKER Address: 1 COURTHOUSE SQ 8 WING CARLISLE, PA Telephone: (717 240-6564 17013 LINDA NORTH 38 ¦H• STREET CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: _ Judgment: ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT ...PLAINTIFF: RESIDENTIAL LEASE rLESLIE KILLER/ LILLIEANAKINGSBOROVa 1819 SPRING RD CARLISLE, PA 17013 L rr -, r } ?'- Q -y J DEFENDANT: ' FAME a rNORTH C-) V11 nd VDRESS&? - , NIKE, ET .- = J 1 38 ¦H¦ STREET .=.< CARLISLE, PA 170, _ Y I --' Docket No.: LT-0000351-07 Date Filed: 10/22/07 FO P r?'rIFF (Name) LESLIE K T-T-99 / LILLIAN KINGSBO Judgment was entered against NORTH LINDA ® Landlord/Tenant action in the amount of $ 3, 222.41 on 11/06/07 in a The amount of rent per month, (Date of Judgment) as established by the Magisterial District Judge, is $_ 600 00. The total amount of the Security Deposit is $ 600.00 Rent in Arrears Total Amount Established b1( MDJ Less • Security Deposit Applied $ 3, 093.63 -$ . 00= Physical Damages Leasehold Property $ 00 - Damages/Unjust Detention $ $ . 00= Less Amt Due Defendant from Cross Complaint o- Interest (if provided by lease) ? Attachment Prohibited/-- L/T Judgment Amount 42 Pa.C.S. § 8127 Judgment Costs ? This case dismissed without prejudice. ?E Possession granted. ? ° Possession granted if money judgment is ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicated Amount $ 3,093.63 $$ .00 eo $ eo $ eo $ ?,09? 63 $-_ 128 78 $ eo $ 3,222.41 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 MAGISTERIAL DISTRICT JUDGES, IF TH JU? GMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST C,O1i ;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 MA ' Y,Ft1E A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS m FULL, ` SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 7 Date ` certi y t at t is Is a true an r ct copy o the record o the proceedings containing the jua Magisterial [7 trtct Judge Date Magisterial District Judge oXc3omOmission expires first Monday of January, cola . SEAL Attorney Fees .?-» . `40 COMMONWEALTH OF PENNSYLVANIA - COUNTY OF: CMMZRLAND MaJ. Dist. NO. 09-2-02 MDJ Name: Hon. JESSICA 13RE MMZR Address: 1 COURTHOUSE SQ E PIING CARLISLE, PA L Telephone: (717) 240-6564 17013 LINDA FORTH 38 ¦H¦ STREET CARLISLE, PA 17013 G. NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE and `LESLIE KILLER/ LILLIEAN ABINGSSOROIIG_J 1819 SPRING RD CARLISLE, PA 17013 L J vs. NAME and ADDRESS 'kORTH, MIKE, ET AL. -1 38 ¦H¦ STREET CARLISLE, PA 17013 L J Docket No.: LT-0000351-07 Date Filed: 10/22/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOB PIPF ® Judgment was entered for (Name) LESLIE NIL LI IAN KINGS 10 Judgment was entered against _ NORTH, _Xz Landlord/Tenant action in the amount of $ 3,222.41 on _11/06/07 In a_ The amount of rent per month, as established by the Magisterial District Judge, is $ (Date 600 u00 ent) The total amount of the Security Deposit is $ 600.00 Total Amount Established b MDJ Less • Security Deposit Appli d Adjudicated Amount Rent in Arrears $ 3, 953.63-$ $ 0 3,093 63 Physical Damages Leasehold Property $ 00 - Damages/Unjust Detention • 00 _ • 00- $ . 00 $ 00- $ 0 Less Amt Due Defendant from Cross Complaint - $ Interest (if provided by lease) $ DO L/T Judgment Amount n0 ? Attachment Prohibited/ $ _ 4 0 6? 42 Pa.C.S. § 8127 Judgment Costs $ 28-72 Attorney Fees $ F] This case dismissed without prejudice. AO Total Judgment $ 3,222.41 ® Possession granted. Post Judgment Credits $ w Post Judgment Costs $ ? Possession granted if money judgment is no sa is le y time oTev ction. dgmentTotal $ ? Possession not granted. 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 TIE 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 MAGISTERIAL DISTRICT JUDGE$;'THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS j% C6ME 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 T4eJUD0NEl0tMAV Flit w A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT.DEBTOR PAYS W FULL;'; SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. tUrti_y ttat ©7 Date Mag t Is Is a true an r ct copy o the record o t e procee Ings containing the judgimerjaa District Judge Date Magisterial District Judge e My 3commission expires first Monday of January, 2012 AOPC _ '`?`? SEAL Opinion: Leslie Miller/Lillian Kin sg_borough v. Mike and Linda North The testimony and evidence presented at the hearing on November 6, 2007 indicated that the Norths rented an apartment from Ms. Kingsborough. After falling into hard times, it was agreed that the rent would be lowered during the winter months. While there is a dispute about tale amount to which the rent was lowered, it appears to be $300.00, because that is what the Norths paid on a monthly basis, and what was accepted by Ms. Kingsboroughh. However, the evidence was that the lowered rent was just for the winter months, and therefore would have (in the absence of a contrary agreement), returned to $600.00 in April (at the start of Spring). Thus, for the months of December 2006-July 2007, $2375.00 was paid, for a shortage of $1225.00. Rent was not paid for August, September or October of 2007, during the month of which the Norths moved out of the apartment. Thus, the total rent not paid was $3025.00 ($1225.00 shortage, + $1800.00 for 3 months not paid). Additionally, the water bill of $68.63 was not paid. While the Court recognizes that the sewer system presented a problem, it did not provide an excuse to discontinue paying rent. As a result, Judgment is awarded for the plaintiff in the amount of $3093.63, plus filing fees, for a total amount of $3222.41. It is so Ordered. Date: l ? G? (Seal) Jessica E. Brewbaker Magisterial District Judge Postal CERTIFIED MAIL,,, RECEIPT r- (Domestic Mail only; No insurance coverage Provided) ru CARLISLE PA 17013 i.41 0013 nI O Postage $ rU $n 65 ,12 Certified Fee 21 I?p rk C3 . p Return Receipt Fee ° (Endorsement Required) O Restricted Delivery Fee M (Endorsement Required) r-q $3.Crb 1210712001 r- Total Postage & Fees O ant o C3 J ° Sr et Air. o.; qq? ---------------------- C3 or PO Box No. _-- city, to zf?+ rn : Ln ?? L 0 lU Postage $ $0.41 (10 13 ru M Certified Fee $2.65 12 ° Return Receipt Fee Postmark ° (Endorsement Required) $t). (10 H"i ° Restricted Delivery Fee C? r7 (Endorsement Required) $0.00 r-? Q Total Postage & Fees $ $3, Gb 12/i17/2(1r1$ ent „ E:3 t, r` 1( ------- - - ?T or Po Box .S-?w PI F OIF SCE OF NOTE OF AI AL AND RLALE T© FIDE COMPLAIrlNT - (Tlws pfoof of servkv MUST SE FfLED WtTW TEN (10j DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C r ?:e _,,, ) ; ss AFFIDAVIT' I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas 6 7.7a??pon the District Justice designated therein on (date of service)?a 7 20 6 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ,[r j)' on rn I l r -o2 , 2 20t)? ? by personal service 12 by (certi led) (regis erect) mail, sender's receipt attached hereto. (SWORNL(AFFIRMED) AND SUBSCR ED BEFORE ME THIS TT_' ,.D?1AY OF???]1 , 20"_. Signature of o f be re whom afl9davit was made /- I E ; kW- , 1 Title if d1l0i .' ff Myi= riission*xpires on 1 20? 0 -7. JW?'.??'•?p-'81VNRF?r IWTARY PU8W Signature of atrfant rx: ?- CO 1 v 0 ? f COURT OF COMMON PLEAS Judicial District, County Of NOTE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT C_ N PLEAS No. ( - CA 89 NOT= OF AVIVIAL Notice is given that the appellant has fled in the above Court of Common Pleas our appeal fawn the judgment rendered by the District Jusic a on the date and in the case referenced below. ki NAA m. N6R+4-N la? - A - Q2.. I "1-,e -S S1 eVa 1bc~e?alr ,e?,, ADDRESS OF APPELLANT • Cm TE ZIP CDC* .3 P. pr lj ` 110) OA 11 -to - Millerl)-illiaNKT-91VID JUDGMENT Ni THE CASE OF (ft*^) U ?. ( ' o? DOCKET No. OR A OR AGEW ffi- This block will be signed ONLY When this notation is required under Pa. I If appeaaret was CWment (see Pa. R. .P.D.J. No. 100116) in R.C.P.D.J. No. 1t1M. 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 pdgme nt for possession in this case. (20) days ate filing the NOTICE of APPEAL. S d -D"y PRAECIPE TO ENTER RULE TO FILE t01110PLAW AM RKE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PaJZC.P.D.J. No. 1001(7) in action before Dbbict Justice. IF NOT USED, detach from copy of notice of appeal to be ssrvoed upon appekw. PRAECIPE: To )Prothonotary Enter rule upon L. S r rl, ?'Cl i @?' ?, 1 i Name of apps "(s) to fie a complaint in this appeal (Common Pleas No. 6 7_ 7(Q 99 ) within twenty (20) days after service of rule or suffer entry of judginard of non pros. RULE: To 1,,,e,s{, k M Il er t' I to (ms(s) Nana of appoNerr(s) (1) You are notified that a rule is hereby entered upon you to file a Complaint in this appeal win twenty (20) dfys-let eta of service of this rule upon you by personal service or by cet d or t*d me#. (2) .VVV #(ie F oanptaint w+irt this time, a JUDGMENT OF NON PROS MAY BE ENTERED AtT YOU. ) .0 i ° ire date of sdkke d this rule 9 service was by mail is the date of the mailing. 21 X. U MUST WCLUDE A f.OPY OF T14E NOTICE OF J iNT1TIbVIW1WT FORM WITH THM NOTICE OF APPEAL. di t WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY wNfx _ ?nov to nc ecov¢n rw earroav,i K rrn n rnbvr'm rdrr awn nu ??cs®rnr n.crnr