HomeMy WebLinkAbout10-0384--ti
rh UP
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
1 I COMMON PLEAS No. 10- 38T ?LVI I Tetfn
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.
5-
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. 10088.
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 thi e.
(20) days after tufirrg 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
appellee(s), to file a complaint in this appeal
Name of appefee(s)
(Common Peas No. l.'.&I J ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
-rte
stgr a me or oratlomey oragww
RULE: appellee(s)
Name o/agpeMse(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 YOUz.rPro#ww1a#yorDspdy a g? ; (3) The date of service of this rule if service was by mail is the date of the mailing.
Date: X11 15 . 20 /U YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENWRANSCRIPT 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 SAWWCE OF NOTICE.OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILt=D' WITHIN 1"EN`(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,
sender's receipt attached hereto, and upon the appellee, (name) , on
,20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of affiant
Signature of official before whom affidavit was made
Tdo Of official
My commission expires on 20
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
County Of
PLAINTIFF: NAME and ADDRESS
F-1 A44-i? I
VS.
DEFENDANT: NAME and ADDRESS
Common Pleas Docket No. t) 3 y CS.,?
TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8)
FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2)
'gzA re- , R // W
(print name and address here),
have filed a notice of appeal from a magisterial district court judgment awarding to my landlord possession
of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my
monthly rent or the judgment for rent awarded by the magisterial district court. My total household income
does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending
appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I f/have not (cross out the
one that does not apply) paid the rent this month.
I verify that the statements made in this affidavit are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904, relating to unsworn falsification to authorities.
/.f /?0/0 - Y -4 ')?e. ai:?'
Date SIGNA URE OF TENANT
AOPC 312-08 (B)
COMMONWEALTH nOF PENNSYLVANIA
,,^ mrrv nC• CUMB]IRTAM
VVVr- v
May. Oiel. No..
09-3-03
MOJ Norm: Non.
SUSM X. DAY
Admra": 229 MILL ST. BOX 167
MT. 13OLLY SPRIIAGS, PA
TeIeonone! (717) 486-7672 17065
SUSAN x. DAY
229 RILL ST, Bog 167
MT. HOLLY SPRIlIW, PA 17065
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and AOOAESS
(COUNTRY MANOR WROT
2 APPLE ,ALLEY
CARLISLE, PA 17015
L -?
VS.
DEFENDANT: NAME, and ADDRESS
I'gEACIMST, RXCXYY
126 PEACH LAW
CARLIS R, PA 17015
L J
Docket No.: LT-0000507-09
Date Filed: 12/30/09
THIS IS TO NOTIFY YOU THAT:
Judgment;
® Judgment was entered for: (Name) CQUNTRY »fA> E mRST, -
Judgment was entered against S$ACI MST, RICKY in a
Landlord/Tenant action in the amount of $ 1, 521.75_ on 1107110 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 371-.-U,
The total amount of the Security Deposit is $ 100.00
Total Amount Establishelby39MYJ Aess r Security Deposit Appl'i
Rent in Arrears Physical 00-
Damages Leasehold Property $ -
Damages/Unjust Detention 00-
Less Amt Due Defendant from Cross Complaint -
interest (if provided by lease)
L T Judgment Amount
Attachment Prohibited/ Judgment Costs
42 Pa.C.S• § 8127 Attorney Fees
This case dismissed without prejudice.
Possession granted.
Z Possession granted if money judgment i
Possession not granted-
Total Judgment
Past Judgment Credits
Post Judgment Costs
Certlf led Judgment Total
$Adjudicated 395 A
$ .00
$ _ee
$ , 390
$
$ n?
$ 1,521.75
11 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 OIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY, IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARWCLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/0R
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR 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 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 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE-•, .
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED-IN T'NE-Jlt4DGi1 MT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUOGMiNi DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ) .
' Date
certl that this is a true an or y the e ?-
&wmlssion Date
expires first Monday of January, 2017
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District J
SEAL
District J
COUNTRY MANOR WEST,
Plaintiff
V.
RICKY SEACHRIST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 10- 584 CIVIL TERM
LANDLORD/TENANT
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PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
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Kindly allow RICKY SEACHRIST to proceed in forma pauperis. I, Geoffrey M.
Biringer, the 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 service to the party.
Date: /ISei?/a
Geoffrey M. Biringer
MIDPENN LEGAL SERVICES
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
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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 of the notice of appeal. Check applicable boxes.)
COMMONWEA TH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas ?? ? *1 , upon the District Justice designated therein on
(date of service) . 14' 9' , 20 /G7 ? by personal service 0tJby certified) (r )) mail,
sender's receipt ttached hereto, and upon the appellee, (name) &,4z, , on
20,1U ? by personal service by (c rtified) (red) mail,
nder's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS _ DAY OF 2Qt?9
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Signature of o tal before whom affidavit was made
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Title of official
My commission expires on tr?1 20?_
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Signature ofaffrant
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COUNTRY MANOR WEST,
Plaintiff
vs.
RICKY SEACHRIST,
Defendant
O~J
JUL ,~201p
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-384
CIVIL ACTION -LAW
ORDERT
AND NOW, this ~~~ day of J , 2010, a Rule is issued on the
Defendant, - L'~ ~-' *'~° '--- -` ' '° to show cause, if any
he has, why Mid~PeQnn~Legal Services~s1ho~uld not be allowed to withdraw as counsel in the
above. ~
B y the
J.
Distribution:
ti Nick Matash, Esquire
MidPenn Legal Services r
401 E. Louther Street
Carlisle, PA 17013 -cr Lr'
--. `'
..._.
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+~ Gothie Van Allen LLC "~~
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,
Attorney for Plaintiff ~'
11 E. Market Street ~- ~_ r~
Suite 101
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York, PA 17401 ` chi
Ricky Seachrist
126 Peach Lane, CMW
Carlisle, PA 17015
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COUNTRY MANO~t WEST,
Plai
RICKY SEAC
I, Nick
Show Cause in the
mail to the person
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.2010-384
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: CIVIL ACTION-LAW ;,,`~ ~ -.~
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AFFIDAVIT OF SERVICE BY MAII.
do hereby swear that I served Ricky Seacrist with an Order to
matter, pursuant to Pa.R.Civ.P. 440, by first class
address below:
Rickey Seacrist
126 Peach Lane, CMW
Carlisle, PA 17015
I, Nick Mata
true and correct. I u
penalties of 18 Pa.C
Dated: ~ b !v
BY.
Nick Matash
MidPenn Legal Services
401 East Louther Street
Carlisle, PA 17013
(717) 232-0581, ext 2106
nmatash C~ midpenn.orq
verify that the statements made in this Affidavit of Service are
.erstand that false statements herein are made subject to the
§4904 relating to unsworn falsification to authorities.
Joseph N. Gothie, Esquire
Pa I.D. No. 80390
111 East Market Street
Suite 101
York, PA 17401
Phone: (717) 848-8455
Email: jng@gvafirm.com
joro Alia a3 PM 1: S7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COUNTRY MANOR WEST
Plaintiff
V.
No. 10-384
CIVIL ACTION - LAW
RICKY SEACHRIST
Defendant
PRAECIPE TO TERMINATE SUPERSEDEAS
To the Prothonotary:
Kindly terminate the supersedeas in the above captioned case for the following reasons:
1. M.D.J. Day set the rent for the property at $371.00 per month in the proceedings leating to
the filing of the instant appeal. Exhibit A.
2. Defendant has failed to pay rent timely, to wit:
(a) Defendant has not paid rent for the months of June, July, or August of 2010.
3. Because rent is not being paid into escrow with the Prothonotary in a regular and timely
manner as required, Plaintiff is entitled to termination of Defendant's supersedeas pursuant to
Pa.R.C.P.M.D.J. 1008(B).
P?1/19/2010 09:16 1717697393e COUNTRY MANOR WEST PAGE 02/02
COMMONWEALTH OF PENN , LVANIA
COUNTY OF: 4u'n,?"°""'
Mel Diel Ne
09-3-03
NOJ Nemo Mon
SUSAN K. DAY
nua«a? 229 MILL ST, BOX 167
MT. HOLLY SPRINGS,'PA
*elrphonr (717) 406,L767a 17065
COUNTRY MANOR WEST
2 APPLE ALLEY
CARLISLE, PA 17015
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
t?LAINTIFF: NAMR nrd AnnRFAS
I-COUNTRY MANOR . WRST
2 APPLE ALLEY
CARLISLE, PA 17015
L _I
VS
DI=FENDANT: NAM[ dnd ADnaFS^.
ESL-ACHRTST, RICKY 1
126 PEACH t i
CARLISLE, PA 17015
L
DockotNo,: LT-0000507-09
Date Filed: 12/30/09
7
THIS IS TO NOTIFY YOU THAT:
Judgment FOR?T,FFF
0 Judgment,was entet`'ed foie: (Naive) ;CO?`#NTYtY > R ti?S91T, t
Judgment was entered against SRACHRZST, RICKY in a
Landlord/Tenant action in the amount of $ 1 `521.75 on 1/07 X10 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 371.OQ.
The total amount of the Security Deposit is $ 100.00
Total Amount Established b MDJ Less • Security Deposit Applied = Adjudicatted Amount
Rent in Arrears $ 1.95.00 - . 00= $_ 1, 395.00
Physical Damages Leasehold Property $ . 00 - . 00 _ . 00
Damages/Unjust Detention $ .00 - $ _.00- __0.0
Less AmtDue Defendant from Cross Complaint $ . 00
Interest (if provided by lease) $ _ D0 ,
L/T Judgment Amount $ a,U.O.
Attachment Prohibited/ Judgment Costs $ 1J26. t_9
d2 Pa C.S. § 8127 Attorney Fees $_ 00
This case dismissed without prejudice. Total Judgment $ 1, 521.75 `
Possession g d Post Judgment Credits $
waht?
Judgment Costs $^
Certlfled Judgment Total $
X Possession granted if money judgment is no sa Is ie y Ime o evic Ion.
Possession not granted. ? Defendants are jointly and severally liable.
---- `I'N'94? ACT?1!U1?`IrVY/dL'?Vt?!{:G'7?:1;t,E'SYC!E`L?t`;fAl1:?:'?E?'S??;?:i?tNY t'?d11?';!Y?F{SAS':?'F'lt``'.'t>~i?i'?1?'?'O'.;i4?tsE`?L':`?"??1di,71';1kYt?.lea'IVIlt,N1,7?C1R"f?t755f'S510N't?IT,HIN '?'
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 PROTHONOTARYICLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OA
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR 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 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?PROVIOEU IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT h
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE
OF
UNLP§S THE JUDGMENT IS ENTERED IN THE. COURT OF COMMON PLEAS, ANYONE INTERESTEW01 THE J,UbGMENT MAY FILE
A REOUEST FOR ENTRY OF.SAT,ISFACTION.WITH THE MAGISTERIAL DISTRICT JUDGE iF THE JUDGMENT DEBI?b'R PAYS IN FULL, t
SETTLES, OR OTHE9WISE COMPLIES WITH THE JUDGMENT.
Date Magisterial District Judge
certl y t gat t is is a true an o y o t e rccor t tie ,IU gment.
Date EXHIBIT Magisterial District Judge
MX commission expires first Monday of January, 2017, SEAL
AO C ?164•p8
a
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing, attached document, upon the
person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure § 440.
Service by first class mail delivery addressed as follows:
Nick Matash, Esq.
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
Ricky Seachrist
126 Peach Lane, CMW
Carlisle, PA 17015
L
Served the 16 day of J 2010.
VAN ALLEN LLC
Joseph N. Gothie, Esq.
PA I.D. No. 80390
111 East Market Street
Suite 101
York, PA 17401
V: 717-848-8455
E: jng(?gvafirm.com
Dated: l G
To the Magisterial District Judge:
Respectfully submitted,
BY:
J ph N. Gothie, Esquire
Pa. I.D. No. 80390
111 East Market Street
Suite 101
York, PA 17401
Phone: (717) 848-8455
Email: }ng_ gvafirm.com
Attorney for Plaintiff
NOTICE
Upon confirmation of failure of the appellant Ricky Seachrist to pay rent in to the office of the
Prothonotary, the supersedeas is terminated.
_8 d3 ro
Prothonotary, Cumber and County, Pennsylvania Date
n,
AUG 2 7 2010
COUNTRY MANOR WEST,
Plaintiff
V.
RICKY SEACRIST,
Defendant
ORDER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2010 CV 384
CIVIL ACTION - LAW
AND NOW, this day of _ 47-01ri- 2010 upon consideration of the
Petition for Leave to Withdraw As Counsel and this Motion, it is hereby ordered that Nick
Matash, and MidPenn Legal Services, are withdrawn from representation of Ricky Seacrist,
Defendant in the instant matter.
The Prothonotary is directed to mark as withdrawn Nick Matash, and MidPenn Legal
Services, as Plaintiff's counsel of record.
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