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Home My WebLink About01-1255JUDY MICELI, Plaintiff DAVID AIELLO, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - EQUITY NO. O/-/;.~/ EQUITY APPLICATION OF DAVID AIELLO FOR LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS PURSUANT TO RULE PA.R.C.P. 240 (aXb) AND NOW comes Defendant, David Aiello, pro se, who makes this Application for leave to proceed on appeal in forma pauperis. Attached to this application is a petition and an afffidavit pursuant to rule Pa.R.C.P 240(h) in support of this application for leave to proceed in forma pauperis. WHEREFORE, Defendant, David Aiello, respectfully requests this court to approve the APPLICATION OF DAVID AIELLO FOR LEAVE TO PROCEED ON APPEAL 1N FORMA PAUPERIS PURSUANT TO RULE PA.R.C.P. 240 (aXb). Respectfully submitted, David Aiello pro se 4 Round Hill Road Camp Hill, PA 17011 761-9422 0 6 200flJ JUDY MICELI, Plaintiff DAVID AIELLO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - EQUITY NO. o/-/~ EQUITY PETITION AND AFFIDAVIT PURSUANT TO RULE Pa.R.C.P 240(h) I HEREBY REQUEST 'THAT I BE PERMITTED TO PROCEED IN FORMA PAUPERIS (WITHOUT PAYMENT OF THE FILING FEE). In support of this I state the following: 1. I am the defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding, 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is tree and correct: (a) Name: David Aiello Address: 4 Round Hill Road Camp Hill, PA 17011 Social Security Number: 160 48 8212 (b) Employment If you are presently employed, state Employer: B&B CommNet Address: 516 Industrial Drive, Lewisberry, PA 17339 Salary or wages per month: My current wages are $14.50 per hour and I work approximately 40 hours per week. Type of work: Computer Cabling Field Technician If you are presently unemployed, state Date of last employment: NA Salary or wages per month: NA Type of work: NA (c) Other income within the past twelve months Business or profession: None Other self-employment: None Interest: None Dividends: None Pension and annuities: None Social security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Workman's compensation: None Public assistance: None Other: None (d) Other contributions to househoM support (Wife) Name: Julianne R. Aiello If your (wife) is employed, state Employer: NA Salary or wages per month: NA Type of work: NA Contributions from children: None Contributions from parents: None Other contributions: None (e) Property owned Cash: Approximately $50.00 Checking account: Approximately $500.00 Savings account: None Certificates of deposit: None Real estate (including: home): None Motor vehicle: None , Year NA Cost NA , Amount Owed $ NA Stocks; bonds: None Other: NA (f) Debts and Obltgations Mortgage: None Loans: Samuel Aiello - $10,000.00 plus interest Other: Internal revenue service-approximately $15,000.00 PA dept. of revenue - approximately $2,000.00 Commercial-Industrial Realty Company - $583,160.66 plus interest Seligman, Friedman & Company, P.C. - approximately $1,882.35 Killion & Metz - $1,265.00 (g) Persons dependent upon you for support (Wife) Name: Julianne R. Aiello Children, if any: Name: Christopher S. Aiello Age: 12 Name: Joseph L.. Aiello Age: 8 Other Persons:Name: None Relationships: NA 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to uuswom falsification to authorities. Date: March 5, 2001 ,- ~_~o]~, David Aiello COMMONV/EALTI¢ OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL .~ DISTRICT JUSTICE JUDGMENT 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 Distrid Justice en the CV 19 LTl9 o0ooo ¢ .-oI This block will be dgned ONLY when this notation is required under Po. R.C.P.J.P. Na 1O088. This Notice of Appeal, when received by the District Justice, will operate as a 5UPERSEDICAS to the judgment for possession in this case Signature of Prothonotary er Deputy If appellant was CLAIMANT (see F:~, R.C.P.J.P. No. 1 O01 ( 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 fo,Tn 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, de~ach from copy of notice o1 appeal to be served upon appellee). PRAECIPE, To Prothonotary Enter rule upon J~l~/ ~ ~ C~.. I;N~ne o/appe#ee~s) , appellee(s), to file a complaint in thls appeal (Common Pleas No. ~ ! -/,--J c~.3j (~' /u / I Ne/~e o! appelleeis) within twenty (20) days a~,-s~'e~of r, ule ~or suffer entry of judgment of non pros. , appNlee{s). (1) YOu am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days af~' the date of service of this rule upo¢l you by personal service or by certified or registered mail. (2) If you do not file a cemplaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. The date of service of this rule if service was by marl is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY ~ T PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO F~LE COMPLAIN COmmOnWEaLTH OF PENNSYLV~NI~ ~OUN Y OF b SWOR~ (AFF MED), NDSUBSCFd~D~FFOREME -HiS S~gr*ature of a/bant COMMONWEALTH OF PENNSYLV,~NIA COUNTY OF: 09-3-04 THOMAS A. PLACEY ~'~'"": 104 8. SPORTING HILL RD. MECHANICSBUI~G, PA ~*..~.o: (717) 761' 823,0 17050 DAVID AIELLO 4 ROUND HILL RD. CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT N R ESI E N ?olo LEASE rMICSLI, J. A. 5180 E. TAINDLE RD. ~CHANICBBU~G, PA 17055 VS. DEFENOANT: ~ ~*~RESS ~EL~, DA~ ~ ~0~ HILL ~. ~P HILL, PA 17011 Docket No.: LT~0000066-01 Date F led: 1/26/01 THIS IS ~ NOTIFY YOU THAT: Judgment: FOCI PT.~IIqTIFF [-~ Judgment was entered for: J.A. (Name) t~C~I ;' Judgment was entered against AIELLO, DASD in a ~ 981.50 2/05/01 (Date of Judgment) Landlor~enant action in the amount of $ on The amount of rent per month, as established by the Distri~ Justice, is $ 1~0.00. , :~.: :; :' ~e total amount of the Securi~ Deposit is $ .00 Rent in Arrears Physical Damages Leasehold Property $ Damages/Unjust Detention $ TotalAmountEstablishedJ~y.~J.,~.ess. Security Deposit ApgJLed = Adjudicatedj~n3.ou.0L $ ~u .uu--$ .UU= $ Yuu.uU Defendants are jointly and severally liable. This case dismissed without prejudice. .00 -$ .00 Less Amt Due Defendant from Cross Complaint Interest (if provided by lease) L/T Judgment Amount Judgment Costs Attorney Fees Total Judgment = $ .00 = $ ~ .00 - $ .00 $ .oo $ 900.00 $ 81.50 $ .oo $ 981.50 Possession granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total Possession granted if money judgment is not sat~st~ea by t~me et ewctmn. Possession not granted. Levy is stayed for , days or [--~, generally stayed, · $ $ $ ~'] Objection to has been filed and will be held: Levy hearing Date: Place: Time: ANY PARTY AGGRIEVED BY A ,JUDGMENT INVOLV NG A NONRESIDENTIA..~.~.~M~¥ .~PPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOT CE OF APPEAL WITH THE EI~ONOTARY/CkEI~K OF COURTS OF TIlE COURT OF COMMON PLEAS, CIVIL DIVISION, n t Date .__ Just,c. My commission ex¢ims flint Monda~ o~ danua~, ~00~. AaPc 3~-~ SEAL JUDY MICELI, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID AIELLO, DEFENDANT : 01-1255 EQUITY ORDER OFCOURT AND NOW, this day of March, 2001, the application of David Aiello for leave to proceed on appeal in forma pauperis, IS GRANTED. David Aiello, Pro se 4 Round Hill Road Camp Hill, PA 17011 :saa VlNVA"'IASNN~8 DAVID AIELLO, Plaintiff JUDY MICELI, Defendant IN THE COURT OF COlVlMON PLEAS CUMBERLAND COUNTY, PENNA. CML ACTION NO. 01-1255 CIVIL PRAECIPE FOR ENTRY OF JUDGEMENT OF NON PROS PURSUANT TO PA.R.C.P. 1037(a) David Aiello, pro se, the Plaintiff in this case, hereby submits this Praecipe for entry of Judgement of Non Pros for failure to file a complaint against the Defendant pursuant to Pa.R.C.P. 1037(a). I, David Aiello, do hereby certify that a written notice of intention to file this Praecipe was mailed to the defendant pursuant to Pa.R.C.P 237.1(a)(2), a true and correct copy of said notice is attached hereto as exhibit A. David Aiello, pro se Dated: May 29, 2001 DAVID AIELLO, Plaintiff JUDY MICELI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION NO. 01-1255 CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTI~R.ED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. I~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA TELEPHONE NUMBER 717-249-3166 Dated: May 8, 2001 David Aiello, pro se F--x hi b'& A CERTIFICATE OF SERVICE I, David Aiello, hereby certify that a copy of the foregoing document(s) were served this day upon the persons and in the manner indicated below: SERVICE BY FIRST CLASS MAIL: Judy Miceli 5180 E. Trindle Road Mechanicsburg, PA 17055 DATED: May 8, 2001 D~vid Aiello