HomeMy WebLinkAbout10-1358., 'k
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ` ( ) 136-e
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.
yam- l '.L.d'elr/ .
Z-i - ei9dw Z)
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by Me District Justice. will operate as a
SUPERSEDEAS to the judgment for possession in this case.
was
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after firing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be use&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
J'
appetlee(s), to fie a complaint in this appeal
Nama of appetT a)
(Common Pleas No. /o - 36-'8' CM'' ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Slpwtm o/ orattomey or agent
RULE: To` , appellee(s)
Nama of appooWs)
(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 (fdate of service of this rule if service was by mail is the date of the mailing. n />?G
Date: 20/,0 '0 r ?yL/) /Y'S ,"'"p'/\
I _1A Strohm ofProMonotary 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 COMPLAINT
(This proof of service MUST BE FILED MTHpU tEIV (to) 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 'Q, by (c_ rtifjieii) {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 official before whom affidavit was made
/me Of official
My commission expires on
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11.i C.. C\t
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20
Signature ofaff/ant
FEB- _2-`Bi0 14_31 From: DJ FENDER
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
MAO 0191 W
09-3-01
MQ.1 N;.. Mon
HAROLD E. BENDER
35 W ORANGE ST
SHIPPENSBURG, PA
7175323308 7o:2433026
P.1/2
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF RESIDENTIAL LEASE
T_levIur,. (717) 532-7676 17257-0361
rRHONE, DAVID $ NAMC end AGURES;i
260 NEIL RD
SHIPPENSBURG, PA 17257
L J
vs.
DEFENDANT; NAAIq prni appnCB
r o>i? , ffiARVEENA ,c AL. l
260 NEIL RD
SHIPPENSBURG, PA 17257
HAROLD E. BENDER L_ -I
35 W ORANGE ST Docket No.; LT-0000025 -10
SHIPPENSBURG, PA 17257-0361 Date Filed; 1/28/10
_ .a
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLATNTTFV _
x Judgmenf was nritored for: (Name) RHONE, D11?VID B
?--? Judgment was entered against _ YORE, Ni VE-M& in a
Lx I Landlord/Tenant action in the amount of $ 130 , 50 on 2L18L10
---....?, (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 by MDJ eSS Security Deposit ApplieRent in Arrears $ . Gip - .09=
Physical Damages Leasehold Property $ .00- 00=
Damagns/Unjust Detention $
oa -
? Attachment Prohibited/
42 Pa.C.S §8127
1-1 This case dismissed without prejudice.
xl Possession grinnted,.
? Possession granted it money judgment
? 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 19Y FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF CouA rs
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OaTAIN 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 15 FILED. HOWEVER, LOW-INCOME ANDiOR
SECTION 6 TENANTS SHOULD REFER TO PD.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.
TH15 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 FUATHER 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 MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
no
Less Amt Duo Defendant from Cross Complaint -
interest (if provided by lease)
L/T Judgment Amount
Judgment Costs
Attorney Fees
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Adjudicated Amount
$
I .00
M
_ _o0
00
$ 00
$ - 130 -So
$ nn
$ 130.50
r
Date Q.4.a.k/
Magisterial District
CEr11 V that this IS a rue an r_nrrr±n cnnv n a rci-nr ., fl-
r..,,...,,. .,.,.? ..,._ _._.__ _ .
DAVID E. RHONE,
Plaintiff
V.
MARVEENA YOHE, et al.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10- 13 5-?' CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
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a
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ti
c.a
Kindly allow MARVEENA YOHE to proceed in forma pauperis. I, Geoffrey M.
?t
w?
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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:
a
Geoffrey M. Biringer
MIDPENN LEGAL SERVICES
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 18040
Fl~ EU-{~~"FtC~
OF 'Tl-I£ PI~O~HON4?AfiY
HAROLD S IRWIN III ESQ
SUPREME COURT ID NO. 29920
64 SOUTH PITT STREET
CARLISLE PA 17013
ATTORNEY FOR PLAINTIFFS
1~ l4 MAR -3 PH 3~ b 0
r~I~~V.~7~..~i 1~'v ltd!
DAVID E. RHONE,
va.
IN THE COURT OF COMMON PI.E.AS vF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
MARVEENA YOHE and ANNA YORE,
Defendants
CIVIL ACTION -LAW
NO. 2010 - 7358 CIVIL TERM
: LANDLORD /TENANT
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and
notice are served, by entering a written appearance personally or by an attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
DAVID E. RHONE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION -LAW
MARVEENA YORE and ANNA YORE, NO. 2010 - 1358 CIVIL TERM
Defendants :LANDLORD /TENANT
COMPLAINT
NOW comes the plaintiff by his attorney, Harold S. Irwin, III, Esquire, and files this complaint,
representing as follows:
1. The plaintiff is DAVID E. YOHE, an adult individual residing at 260 Neil Road,
Shippensburg, Cumberland County, Pennsylvania 17257.
2. The defendants are MARVEENA YOHE and ANNA YOHE, adult individuals residing at
260 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257.
3. At all time relevant hereto, plaintiff was and remains the owner of a mobile home located
at 260 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17013.
4. .Defendant Marveena Yohe has resided with the plaintiff at the premises since sometime
in 1998, pursuant to an oral agreement. This agreement was amended approximately one year
ago to permit Anna Yohe to move in and occupy the premises with plaintiff and defendant
Marveena Yohe.
5. Under the terms of the amended oral agreement, defendant Anna Yohe was to pay rent
to plaintiff in the amount of $100.00 per month on a month to month basis.
6. On February 11, 2010, plaintiff gave to the defendants written notice that their right to
occupy the premises was to terminate on February 28, 2010.
7. Defendants have refused to vacate the premises and defendant Anna Yohe has failed to
pay the $100 rent due to plaintiff on March 1, 2010.
WHEREFORE, plaintiff demands judgment against the defendants for possession of the
premises and a money judgment in the amount of $100.00 for unpaid rent for March, 2010, plus
$100.00 per month for each month after March, 2010 that defendant remain in the premises,
plus court costs of $130.50.
=~`'C.-D
March 4, 2010
HAROLD S. IRWIN~;'lll ~,
Attorney for plaintiff
64 South Pitt Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court ID No. 29920
VERIFICATION
I verify that facts contained in the foregoing complaint are true and correct to the best of my
knowledge, information and belief. To the extent that the content of the complaint is that of
counsel, I have relied upon counsel in making this verification. I understand that false
statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to
unsworn falsification to authorities.
March 4, 2010 ~' :~ ~,~..c'-~-~ ~'~,t,~~%'Z--E~~
DAVID E. RHONE
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUUDGMENT
COMMON PLEAS No. / 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.
,` '!,~(~/4,U `~AN~.~... ~L~' / ~+IG..- I ~ 7 ~ ~ - ~/ I f Y~.~I~.D ~' • ,;,~,~,u~7'1~.~..~
DATE OF J DGMEN IN CASE OF (Plaintillj / (~e-erasnr)
1 ~' v~.G' ~ L1 ~.yc,1-ti..~ ,~
DOCKET No. '° SIG E OF APPELLANT OR ATTORNEY OR AGENT
when this notation is required under Pa. ~ If appellant was
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, wilt operate as a tJefore a District Justice, A COMPLAINT MUST tiE FILED within twenty
SUPERSEDERS to the judgment for possession in this case.
~ /'~ (20) days aRer tiling the NOTICE of APPEAL.
d PrUAonorry
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
'~ ~-~jName of appeBee(s)
(Common Pleas No. ~~ ^' ~ „~J Q C ~' ~ )within twenty (20) days after service of rule or suffer entry of judgment of non pros.
...-...~
'.
Sign~ure of apps! t or attorney or agent
RULE: To~y~~^f,,,,~ ~ f , appellees}
Name of appease(s)
(1) You are notifiec~.thaYa 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 ~esonal service or by certified or registered mail.
~ ~ 7V. Av"~ r~~.':;. a +.wdrPS"?, ..f ersala{
(2) If you do, nol`file a'dp~nplaint within this time, a JUDGMENT OF NON PROS MAY EiEIiT~FiE~fditlM.9d-• '• d""
~# t~
(3) The )late o~?cer~nce of this; rule if service was by mail is the date of the mailing.
i1~~ ~~ ~~
l~ ~ MMM"'
Date: ~ ~ ~~' ,;~ PO ~ ~ :., ~
,~-,.. • ~ /~ ~ Signature o/ Prothonotary or Deputy
YOU MUST INCLUr3E 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 -APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
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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 (1 D) DAYS AFTER frling of fhe notice of appeal. Check applicable boxes.)
COMMONWEA TH OF PENNS LVANIA_/
COUNTY OF ~~.N,N~~ti:~l ; ss
AFFIDAVIT: I hereby (swear) r at I served
~ `~~~
a copy of the Notice of Appeal, Common Pleas ~ ,upon the District Ju-stice designated therein on
(date of service). Z-`~ , 20 /Q ^ by personal service i~ by (certified) (~r3~refi~-mail,
sender' receipt attached hereto, and upon the appellee, (name) ~ ~ ~~~ , on
20 ~Q ^ by personal service ® by (certified) ~) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBS RIBED BEFORE ME
THIS ~_ DAY OF 1A~~j _, 20 ) _.
Signature of cia! before whom affidavit was made
Sr at re ofafr~ant
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Title of ofhcia!
My commission expires on , 20 ~ ~