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HomeMy WebLinkAbout09-1468UUMMUMWCALI M LIP PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 6 Y - 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. 6 - -c ; k r ADDRESS APPELLANT CITY STATE ZIP CODE J* rr?Sw? a t Yr1ri 1`101't DATE OF JUDGMENT IN THE CASE OF (AMiYiR) t R OF APPELLANT OR ATTORNEY OR AGENp- DOCKET No. STM 0 0000 G a - O Ci This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant ( a. 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. 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 ZZ le, 9 I' ? lv appellee(s), to file a complaint in this appeal ? Name appellae(s) (Common Pleas No. ©q... tL?` g LfJN?) within twenty (20) days after service of rule or suffer entry of judgment of non pros. of appellantorattorney or agent RULE: To d L? Z Z 14 o 54 cO _ w appellee(s) Name of a ee(s) -• ?? (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 tthi]s rule if service was by mail is the date of the mailing. Date: t 9,20c-7 ofProlhonotary 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 - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE ¢l d r! A<74 % G' 1. ?i 'a "y. l art t t PROOF OF SERVICE OF NOTICE OFAPPEAL AMD RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN ?tN (10), BAYS 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 20 Signature ofaffient signature of official before whom affidavit was made Title of official My commission expires on 20 5u fir' F- Ln t ddWONWEALTH.,OF PENNSYLVANIA rrni 1MTV nF• _C>_ J_kW T.MW Mag. Dist. No.: MDJ Name: Hon. 09-2-02 JaSSIC& BRZNBAKER Address: 18 8 EM OVZR ST ST8 106 CAZLISLZ, PA Telephone: (717) 240-6564 17013 JAI= E. LONG 106 GIAMISO]R Idl APT B C71RL10LE, PA 17013 4 " THIS IS TO NOTIFY YOU THAT: Judgment: !Oa PL 331TIFF Pi5161?; -Iaiala __ i Judgment was entered for: (Name) 0 Judgment was entered against LOWI JAN119 a in a ?Z Landlord/Tenant action in the amount of $ 907.75 on 2/26/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established b MpJ ess • Security Deposit ApplieRent in Arrears $ ?00 00 - $ .09== Physical Damages Leasehold Property $ .00= Damoes/Unjust Detention $ 400-1 -0 0= Less Amt D&'Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees F-] This case dismissed without prejudice. Q Possession granted. ? Possession granted if money jpogment F-1 Possessign not granted. NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE #PfAINTIFF: NAME and ADDRESS rS! iE11LLAZZ ?, STMamiz 329 S MORINGTON ST MWEANIC8111=a, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS rLow, J11 W a 106 QhR11SO? LN APT B CLILLISLE, PA 17013 L I LT-0000060-09 Docket No.: Date F,ified: 2/13/09 Total Judgment Adjudicated oun $ 8 ?.0 $ .00 $ _oo $ _00 $ _00 $ Ron-on $ 107.75 $ _00 $ 907.75 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Defendants are jointly and severally liable. TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT.BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS F ANY. IN - ,QF„THE COURT.OF COMMON"PLEAS CIVIL DIVISION.1TiISAPPEAL WILLIHOLUDE!AN; APPJ?AL OF TFIE$Nt EY ,tUpGMENTe I E'LES i R OF I RoER 1`t6'1<fBT?011N°A=,SIJRF F, 111. ,THE APPELLANT MUST DEPO91f iv rrHTHE EROTFIONOTARY/CLERIC OF COURTS, TH at THREE,moffm,RWOR THE RENT ACTuAtty,* AP4WARS ON THE DATE TH APPEAL• IS FILED- `14 6W&ER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. N.O. f'661'0# 7bli 00R DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30:"DAYS RFT,ER THE. DATE OF ENTT *00 JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS tF THE"COUFIT OF`PE` M PLEAS, CIVIL DIVISION. ?' , MW THE PARTY FILING AN APPEAL MUST` INCLUDE A copy 0; S, NOTICE OF JUDGMENTITRANSCRIhT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL P EDURE•FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTSCT TO ENTER THE JUDOENT 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. ; *tlNtzESlq!T}IE IiYI @IFRLB -1M=THE COURT-61F COMMON PLEAS, ANYONE INTERESTED IN THE;JUDfi1NENT MAY FILE _ WE" A'REQi`IEST FOR ENTRY OF SATISFACTION WITH THEMAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date ca Magisterial District Judge i is a true an Corr copy o the record o the proceedings containing the ju gmen . Date - , Magisterial District Judge M recommission expires first Monday of January, 2012. SEAL A0 315A -O6 PROOF OF SERVICE OF NOTICE OFAPPEAL 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 / tL f C/ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas Dj-jq o8 , upon the District Justice designated therein on (date of service) ?04 200q I? by personal service Wby (certified) (registered) mail, sender's receipt attached hereto, and upon the a?pellee, (name) on 20 /-) q IfIby personal service by (certified) (registered) mail; sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME NIS 104- DAY OF Wa=h 20? Signature of official before whom Vhvit was mad® ' Title of official M c0 PROTM OTART, NOTARY MW gnu dAMNtRY 4.2010 `? Signature of of lant COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON NOTICE OF SAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justices on the date and in the case referenced below. * tTGCY_?%on ,TE OF JUDGMENT IN THE CASE OF (PlaAnt m XKET No. I-+- C ooc>+C 6 c) ® C-i This block will be signed ii R.C.P.D.J. No. 10088. - 4 This Notice of Appeal aetaeived by the Dldtrigfirl4rs SUPERSEDERS to tjnt for possesslts r v. x• i?- (This section_of frran tq, be uW QNLY„ylf "_-i NOT USED, id~*" wpybf ofeppe PRAECIPE: To Prothonotary CITY T ZIP I 07 ,P (DN?ndantl. 5 e 9 13 Wired under Pa If a?tpellant was Claimant { . R.C.P.D.J. No. 1001(6) in ac*n will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after firing the NOTICE of APPEAL. ER RULE TO FILE COMPLAINT AND*M TO FILE, %40 Wiant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in a `be to be serv ocf upon "lee. A, IF Enter rule upon r" appet?e(s), to fNe t in?peal Name ap o#Ws) ?N C-0 (Common Pleas No. }within twenty (20) days after service of rule or suffer entry of judgnat 'non pros. of sAngw# orst bmey or o pw RULE: To ,1t? !, r71 r? +tJ ti( appellee(s)f. Name of a (s) (1) You are notified that a rule is hereby entered upon you to fife a complaint in this appeal witNn twenty (20) days after the date' of service of this rule upon you by P!T&"rvice or by certified or registered mail. (2) If you do 1W le s+bo nptpr fw`111*1 this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Y (3) The'clil#te of:sbrv(oe: d-tbjs rule was by mail is the date of the mailing. Date: 10: Sow" _M. of Proffla wtary r Dbpfty YOU MUD UDIE J1 Ct7PY;:frE NOTE OF JUDOMIxNT/TRAiNSitRIPT FOiMIA WITH THIS NOTICE OF APPEAL. M . AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY PINK - r`nPV Tn RF CGRVFn nN APPFt I CF Gnt n _ CnPV Tn ac QCDVCn nN ni Tour ItICTtCC Complaint to appeal In the Court of Common Pleas Re: 106 Garrison Lane Carlisle Pa 17013 Stephanie Sferlazza No. 09-1468 Plaintiff Complaint against appeal vs. Jawan Long Defendant March 31, 2009 To Whom It May Concern: Jawan Long has been asked to leave January 12, 2009 for the following reasons: 1. Eight domestic violence/ disordly conduct calls which involved police. 2. Pushed girlfriend through living room wall resulting in damages. 3. Daily fights which resulted in calls from neighbors requesting interference from me. A. Linda Abbey -10.01.08,11.08.08,12.10.08. B. Josh Francis- 9.15.08, 9.20.08, 9.29.08 4. On 12.10.09, 12.15.09 and 12.21.09 I entered apartment and smelled marijuana. I called Carlisle Drug task force. Officer Eric told me he would investigate. No reply to date. 5. Non-payment of rent/ court and Rpable fees $1132.25 Stephanie Sferlazza fir` GJ ? Y} t"1"i F` :+ i i F:\DO,ICS\PD\PET\Sferlazza.Stephanie - Petition to Release Funds.wpd y ELIZABETH B. STONE, ESQ ATT RNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (71I) 774-7435 ATTORNEY FOR PLAINTIFF STEPHANIE SFERLAZZA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LANDLORD/TENANT JAWAN LONG, NO. 09-1468 CIVIL TERM Defendant PETITION TO RELEASE FUNDS TO THE HONORABLE, THE JUDGE OF SAID COURT: And Now comes your petitioner, Stephanie pl intiff herein, by and through her attorneys, Sh kletski, and files the following Petition: Sferlazza, your Stone LaFaver & 1. Petitioner filed a Landlord/Tenant action for possession an judgment on February 13, 2009, before Magisterial District Ju ge, Jessica E. Brewbaker. 2. A hearing was held on February 26, 2009 before District Ju ge Brewbaker at which time judgment for Plaintiff for both possession and money judgment in the amount of $907.75; the ju gement was for rent in arrears of $800.00 (This $800.00 is for $3 0.00 still owed for January, and February's rent of $500.00) to ether with court costs in the amount of $107.75. 4. Defendant appealed this judgment on March 9, 2009. 5. Pursuant to Pa R. C. P. M. J. No. 1008, in order for Defendant to remain in the property pending the appeal, he was required to pay the full amount of the money judgment and continue to pay the monthly rent owed of $500.00 per month directly to the Pr thonotary. 6. On March 9, 2009, Defendant made a payment of $800.00 to th Prothonotary. 7. On April 3, 2009, Defendant made an additional payment of 1$54.00 to the Prothonotary. i ?M 1 8. According to the Plaintiff, rent is still due and owing fort the March rent and the April rent. The $1300.00 payments represents the $800.00 judgment owed for partial January rent and full February rent. 9. According to the rules of civil procedure, these funds are permitted to be released to the Plaintiff /landlord pending the action. 10. Defendant has vacated the property. 11. It is believed that this action is now resolved in that th landlord was granted possession, the tenant has relinquished possession and the full amount of judgement for which the landlord was seeking and was granted is now being held by the Prothonotary. 12. Pursuant to Pa. R. C. P. the following funds are being held on account in this matter to the Plaintiff, Stephanie Sf rlazza, : Amount Date deposited with Prothonotary $800.00 3/09/09 $500.00 4/03/09 otal $1300.00 As of 5/26/09 WHEREFORE, the Plaintiff prays your Honorable Court to issue an Order directing the Prothonotary to release the funds to the Pl intiff currently held in this matter. STONE bade TSKI Ve B to , Esquire rt # 60251 St et, P.O. Box E , PA 17070 Telepho 774-7435 Attornenor-Plaintiff FILB- 2CLl 9 Y I }} }} 4: D I ... f P i 1 P: ? ".. r. .r F:\DOCS\PD\PFT\Sferlazza.Stephanie - Petition to Release Funds.amdmnt.wpd ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF STEPHANIE SFERLAZZA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LANDLORD/TENANT JAWAN LONG, NO. 09-1468 CIVIL TERM Defendant AMENDMENT TO PETITION TO RELEASE FUNDS TO THE HONORABLE, THE JUDGE OF SAID COURT: And Now comes your petitioner, Stephanie Sferlazza, your plaintiff herein, by and through her attorneys, Stone LaFaver & Shekletski, and files the following Amendment to her Petition in order to comply with Local Rule 208.3(a): 13. Paragraph one through twelve are herein incorporated as if stated fully herein and made a part of the record thereto. 14. This specific action under this docket number has not been ruled upon by any Judge. 15. Defendant did file a Complaint as a separate action in response to his eviction, docketed to 09-2588. Defendant, through Mid Penn Legal Services, filed a Motion for Preliminary Injunction on or about April 24, 2009, which was assigned to the Honorable Judge Edgar B. Bayley. 16. Said Petitioner in that action, Defendant herein, failed to show for Court for this Injunction Hearing before Judge Edgar Bayley. The matter was dismissed by Judge Edgar Bayley on May 6, 2009. 17. Counsel for the Defendant, Abraham Prozesky, of Mid Penn Legal Services, was not contacted with regard to the foregoing Petition to Release Funds, as this above matter is now moot. .dw STONE LaFAVER & SHEKLETSKI r ? WHEREFORE, the Plaintiff prays your Honorable Court to issue an Order directing the Prothonotary to release the funds to the Plaintiff currently held in this matter. Date: e, Esquire 60251 4 , P.O. Box E New A 17070 t 3 ?.? 1 i gg-7435 Tel Attornev,A,for Plaintiff *tiCE OF TW. 104, . iN -5 M t {l4 z) aA% T STEPHANIE SFERLAZZA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAWAN LONG, Defendant NO. 09-1468 CIVIL TERM IN RE: PLAINTIFF'S PETITION TO RELEASE FUNDS ORDER OF COURT AND NOW, this 10 h day of June, 2009, upon consideration of Plaintiff's Petition To Release Funds and Plaintiff's Amended Petition To Release Funds, a R le is hereby issued upon Defendant, to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. Elizabeth B. Stone, Esq. 414 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff Xbraham Prozesky, Esq. MidPenn Legal Services Suite 103 401 E. Louther Street Carlisle, PA 17013 Attorney for Defendant : rc t,-'s rv'M,15- ? /o'9 Z? BY THE COURT, OF THE P!' jll `0i,J ?TA,RY 2009 JUN I i AM 11: 4 9 • F:\DOCS\PD\PET\sferlass steph rule to make abso;ute.wpd ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF STEPHANIE SFERLAZZA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. LANDLORD/TENANT JAWAN LONG, NO. 09-1468 CIVIL TERM Defendant PETITION TO MAKE RULE ABSOLUTE AND NOW, this day of July, 2009, comes Stephanie ISferlazza, Your Petitioner/Plaintiff herein, by and through her attorney, Elizabeth B. Stone, Esquire, of the law firm of Stone ILaFaver & Shekletski, and avers the following: 1. On June 10, 2009, the Honorable J. Wesley Oler entered a Irule upon the Defendant, to show cause, if any he has, why IPlaintiff's Petition to Release Funds and Plaintiff's Amended (Petition to Release Funds should not be granted. 2. The Court served copies of the Rule to Show Cause on all parties in this case by regular mail as evidenced by the distribution list included on the bottom of the Rule to Show Cause in this matter. 3. No party has filed an objection with this Court to the petitioner's petition since the Rule was issued on June 10, 2009. 4. Twenty (20) days have elapsed from the date of service Hof the rule on all parties in this matter. WHEREFORE, your Petitioner respectfully requests this Court tenter an Order making the Petitioner's Rule to Show Cause absolute and thereby granting Plaintiff's Petition to Set Release Funds and Plaintiff's Amended Petition to Release Funds a Final IOrder. Respectful s Eli2la'beth B. one, Esquire Stone LaF er & Shekletski ATTORN D NO. 60251 414 DGE STREET NE UMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF ri le( Aw Gl t pr6hloiw6-yj *61 Jtr/r l3 pm 3, Lls ('umimr1kia mwl?