HomeMy WebLinkAbout10-6343OF t'tNN*7LVAN1A
COURT OF COMMON PLEAS
Judicial District, County Of
FROM
DISTRICT JUSTICE JUDGMENT
l I
COMMON PLEAS No. 10 - `3 0 Ci Vt I Term
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.
9-:? -
q to
S
Li - D'w3Io _ ?O
Eck will be sioned ONLY when this notation
is required under Pa.
NOTICE OF APPEAL
was Claimant (see
in
R.C.P.D.J. No. 100BB. U
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.
A ) -\I (20) days after filing the NOTICE of APPEAL.
or
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 appellees)
(Common Pleas No. !o - l03?/3 (.:tVl p /11 ) within twenty (20) days after serv of rule or suffer entry of judgment of non pros.
r
SJgnature of a t or arbmey or agent
RULE: To
Cumher l0?lY? 01 ? appellee(s)
,
Name of apps eels)
(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: Q? 5 .2010 hr w. or newUy
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 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,
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
Title of official
My commission expires on 20
CW_
?r? Wd S- ljjoial
COMMONWEALTH OF PENNSYLVANIA
r,n[ JNTY OF- CUMBERLAND
Mag. Dist. No.:
MDJ Name-. Hon.
09-3-05
MARK MARTIN
Address: 507 N YORK ST
MECHANICSBURG,
Telephones (717 ) 766-4575
PA
17055
NOTICE OF JUDGMENT/TRANSCRIPT
LEASE
PLAINTIFF: RESIDENTIAL LEASE
FCUMBERLAND POINTE
1254 ROCKY ROAD
MECHANICSBURG, PA 17055
L J
VS.
DEFENDANT: NAME and ADDRESS
FVEGA, MERCEDES
613 CUMBERLAND POINTE CR
MECHANICSBURG, PA 17055
L J
MERCEDES VEGA
613 CUMBERLAND POINTE CR Docket No.: LT-0000370-10
MECHANICSBURG, PA 17055 Date Filed: 9/21/10
.
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
LXJ Judgment was entered for: (Name) CUMBERLAND POINTE,
Judgment was entered against VEGA. MERCEDES in a
0 Landlord/Tenant action in the amount of $ .00 on 9/29/10 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 850.00.
The total amount of the Security Deposit is $ 250.00
Total Amount Established by MDJ Less - Security Deposit Applied =
Rent in Arrears $ -.00-$ .00=
Physical Damages Leasehold Property $ .00-$ .00=
Damages/Unjust Detention $ .00.-$ -00
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
UT Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
xl Possession granted.
? Possession granted if money judgment
? Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ Adjudicated Amount
.00
$ .00
$ -00
$ -00
$ _no
$ .an
$ -00
$ _no
$ .00
? 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. HOWEVER, LOW-INCOME AND/OR
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 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. /,4//, Date , Magisterial District Judge
I/Al certify that this is a true an correct copy o the record o the proceedings containing the judgment.
Date Magisterial District Judge
CcoO mission expires first Monday of January, 2012 SEAL
AO ,,p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cl t m L> eric oa
?tcm C&):l Pojn DOCKET NO.: 10 - 4o343 ??v?1?T,er-r
DATE FILED: i _ 10
:7K Z; --r
VS. r? r t _-;j
Hercede? Vee ,
PETITION TO PROCEED IN FORMA PAUPERIS
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. 1 am the (Plaintiff)(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. 1 am unable to obtain funds from anyone, including my family and associates, to pay the
costs of litigation.
3. 1 represent that the information below relating to my ability to pay the fees and costs is
true and correct:
(a) Name: veaa'
Address: . {? . rn?' 10
Social Security No.:
204-54-W9ib
(b) Employment--If you are presently employed, state
Employer: cufflberlond COLtdV -DoaIP-'?,hc RI
Address: _'2D ?,3_ ?-? ana)e r- 5?--• ; l Y + 5 PA IX) L?
Salary or wages per month: 14 6, Lo Y
Type of work: T-
'e le -
MidPenn Legal Services Landlord/Tenant Packet Page 23
--If you are presently unemployed, state: A
C)
Date of last employment:
Salary or wages per month:
Type of work: _
Other income within the past twelve months
Business or profession: p r--t- 41" aS Nectec? $ 2" °M
Other self-employment:
Interest: N (?
Dividends: N I tq
Pension and annuities: K] I {
Social Security benefits:
Support payments: m
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public assistance:
Other: N
(d) Other contributions to household support
Spouse's Name:
If your spouse is employed, state:
Employer:
Salary or wages per month:
Type of work:
N y,
MidPenn Legal Services Landlord/Tenant Packet Page 24
Contributions from children: .00
Contributions from parents: • CAD
Other contributions: C) 0
(e) PropeM owned
Cash: 0, CD
Checking account: f 00
Savings account: S 00
Certificates of deposit: 0. CO
Real estate (including home): 0, CC)
Motor vehicle: Make: atjUnda? I?11 ti? Year: 2?O?
Cost: $ `i?D?CXJm. Amountowed: (p
Stocks; bonds:
Other:
(f) Debts and oblations
Mortgage:
a
Rent: 4eP?ol??6 4., pt ?,? ?s
Loans: co 'se '
Other: Mej Icy l etkI _ CC m CC( f- $ I < 1, (0 la Y floc, , LL A'r I ? fi?>, c tom.
(g) Persons dependent upon you for support:
Spouse's Name: N) A
Children, if any:
Name
rty-trV-- S ?1. Luc r
i-
MidPenn Legal Services Landlord/Tenant Packet Page 25
Other persons:
Name Relationship
4. 1 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. 1 verify thatthe statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to
unsworn falsification to authorities.
Date: I D - %
P CintfDefendWa
Action by the ^i-`fie` ustim.
Date:
JWIT.
MidPenn Legal Services Landlord/Tenant Packet Page 26
Docket No.: LT- 0000370-10
Date Filed: 9-21-10
Judgment entered 9-29-10: Possession Granted
Petition to Proceed In Forma Pauperis
Appeal
Date Filed: October 5, 2010
"Please review the below listed Summary of Events
July 14, 2010
Received notice on front door that my lease was scheduled to expire on Sept 1.
Notice included their decision of "non-renewal".
Notice included request to surrender the premises by the expiration date of September 30,
2010.
Notice included that this was not an eviction, only non-renewal.
Notice included if Mercedes Vega "stayed beyond expiration date of lease"' eviction
proceedings would begin.
July 15, 2010
Contacted Cumberland Pointe for verification as to why they are not renewing.
Spoke to Lanice who informed, "This was a decision made by corporate because of the
dog and your issues with the previous manager, Antoinette".
Verified with Lanice there were no other issues of concern and that she would provide
potential landlords with same information she provided me.
July 28, 2010
Received letter from Housing that they too received non-renewal and providing steps to
remain in the program, if 1 wished to do so.
August 31, 2010
Received letter/notice from Lanice Walker, of Cumberland Pointe, stating, "Your rental
account has a credit that would need to be taken off of your rental payment for the month
of September, please subtract this amount $7.00."
S&Vtember 8, 2010
Received "Late Notice" from Lanice Walker, of Cumberland Pointe: "Cumberland Pointe
has reviewed your ledger account and has discovered a delinquent balance in the amount
of $893.00". The late fees portion of the letter/notice was crossed out prior to my
receiving it.
September 9, 2010
Called Housing Authority, left message for Sandy Smith, asking for return call about
$893.00, as this amount was higher than the portion I was required to pay.
** The difference in this amount requested and the amount I normally paid, is $156.00.
September 13, 2010
Sandy Smith, of Cumberland Co Housing Authority, returned call. She stated this amount
is my responsibility since they withheld payment due to Cumberland Pointe not repairing
damages from the fire in May.
On the same day I received a call from Lanice Walker, of Cumberland Pointe. She asked
for an update of my status, which I didn't provide, as I still have not found a place. I
informed her I am still looking for a home but am having difficulty due to her providing
negative and false references. She stated she was not doing this, that the reason I'm
having a hard time must be my credit and that they would be taking me to court. I asked
why, when the paperwork she provided to me gives me until September 30. She informed
me that since Housing is not paying for their portion of the rent due to non-repair of
damages, they are now losing money on the house and need me out. At this time I ended
the call, letting her know I was at work and could not get into that conversation at that
time.
September 17, 2010
12:00pm: With a co-worker/friend present, I called (via speaker phone) Lanice Walker,
of Cumberland Pointe, for total amount owed. Informed her of the 2 notices I received
and that I wanted to verify if the $893.00 amount reflected the credit. She asked for the
date of the notice indicating there was a credit and when she was informed that it is dated
August 31, 2010, she stated, "Your lease expired August 31, 2010 so the credit is no
longer an issue." When asked to verify the total amount owed, she stated, "What does
your letter say? Didn't you get one around the 5th or so, maybe later because of the
holiday?" I informed her that I did receive one and what the amount on it was and she
responded, "Then that's what you owe." At this time, she was informed that this amount
would be taken care of the same day (meaning Sept 17).
12:11 pm: Purchased cashier's check in the amount of $893.00. Inquired about tracking
and was informed.
5:00pm: Dropped cashier's check off in Cumberland Pointe's rent drop box.
6:30pm: As I was leaving I noticed another Notice/Letter on the front door. It states that
"On Monday, September 20, 2010 will have a scheduled court date with you for non-
payment of rent due to the fact that your rental account is still showing past due for
September rent." The notice also provided steps that would be followed on Monday,
September 20, if the account was not paid in full. The letter also provided the "account
balance": $893.00.
"NOTE: I disregarded the notice since I had just paid the amount listed in full. Please
refer to cashier's check receipt 0000547521.
September 24, 2010
Mail and notice on door, of court date for September 29 for possession of real property. It
is dated as being filed September 21.
September 26, 2010
Moved all items and furniture from 613 Cumberland Pointe Circle, Mechanicsburg, PA
17055 and began clean up of said property.
S?tember 27, 2010
5:00pm: Continued clean up of 613 Cumberland Pointe Circle, Mechanicsburg, PA
17055
September 28, 2010
5:00pm: Continued clean up of 613 Cumberland Pointe Circle, Mechanicsburg, PA
17055
September 29, 2010
Appeared before Magisterial District Justice Mark Martin wherein the premature
judgment was made.
October 1, 2010
Following a conversation with District Justice Mark Martin's office staff, I contacted
Lanice Walker by telephone and requested to set up an appointment time at which we
could exchange the keys and a letter of satisfaction. Ms. Walker stated she refused to sign
anything. She stated her reasons were that money was owed for the property and stated
the monies owed are for damages from a fire on May 1, 2010. Please note the following
points addressed to Ms. Walker:
1. She testified in court, to District Justice Mark Martin, that there were no outstanding
monies owed and there is a 0.00 balance.
2. Repairs were never done for the kitchen fire damages and she had not provided any
documentation to me prior to the lease terminating showing any estimates or monies
owed.
3. Cumberland County Housing Authority's Section 8 Program, denied their portion of
payment to Cumberland Pointe for September rent, due to the plaintiff's non compliance
in completing repairs within the property and as a result, I was held responsible for this
additional and did pay it.
4. Security Deposit of $250.00
Ms. Walker began to raise her voice and demanded to know if I would be dropping off
the keys. At this point, I informed Ms. Walker that I would be ending the call and did so
to avoid further confrontation. The call was ended abruptly due to Ms. Walker's refusal
and unwillingness to follow through on her end, and on behalf of Cumberland Pointe. I
drafted my own letter and went to the office with my son, on October 1, 2010.Our intent
was to return the keys and drop off the letter, whether she was willing to sign it or not.
Based on the office hours indicated on the Cumberland Pointe voicemail, and my work
schedule, my son and I arrived at 5:02pm. The office was closed, therefore we left the
letter and both keys in the rent drop box, mailing copies to each District Justice Mark
Martin and Cumberland County Housing Authority, Attn: Sand Smith.
October S. 2010
I respectfully request an appeal and dismissal of this complaint for the following reasons:
1. Defendant paid monies owed in amount (provided by plaintiff) of $893.00 on
September 17, 2010.
2. Plaintiff cashed cashier's check for $893.00 on September 20, 2010.
3. The original paperwork/ Notice of Non-Renewal provided until September 30,
2010 to vacate the premises.
4. Plaintiff filed complaint on September 21, 2010, one day after payment was
resolved and 9 days prior to the deadline provided by Cumberland Pointe to
vacate.
5. Both parties appeared in court before Magisterial District Justice Mark Martin on
September 29, one day before the deadline provided.
6. Plaintiff testified to the court that the rent amount was $850.00 (and failed to
mention she collected $893.00 from defendant for said rent).
7. Plaintiff testified that no monies were owed and that defendant had until
September 30, 2010 to vacate.
8. Plaintiff testified that she filed prematurely when she said she "jumped the gun in
filing" the action.
9. Either plaintiff was dishonest in court and lied to District Justice Mark Martin or
plaintiff provided false documentation to defendant regarding amount owed prior
to vacating premises. Documentation provided to Mercedes Vega indicated
$893.00 was owed and plaintiff cashed cashier's check for said amount, again
testifying in court that monthly rental amount was $850.00, which is $43.00 less.
In summary, I, the defendant, Mercedes Vega, respectfully request that Your Honor
review, overturn the September 29 judgment and reconsider this case for dismissal. While
I, the defendant, am grateful that the Magisterial District Justice, Mark Martin, ordered
the plaintiff be responsible for court and filing costs due to the premature filing of the
complaint, I am also taken aback that a hearing was scheduled and judgment was made
prematurely, based on that complaint. Again, the Notice of No-Renewal (not an eviction)
provided to Mercedes Vega from Cumberland Pointe allowed until September 30, 2010
to vacate the premises.
Other documentation also indicated the plaintiff was seeking payment of $893.00 for
September rent, which was paid (please see above notation and attached paperwork).
Plaintiff testified in court that the rent amount was less than that of which she informed
the defendant. Monies were paid prior to September 29 and the property was vacated on
September 30, 2010. The amount paid by defendant was supposed to include an amount
denied by Cumberland County Housing Authority's Section 8 Program, due to the
plaintiff non compliance in completing repairs within the property. Defendant
respectfully requests that Your Honor also address and resolve the issues regarding the
discrepancies in the amount of monies owed that were provided by the plaintiff to the
Magisterial District Justice and to the defendant.
As a result of the non-renewal and inability to find a new place yet, the defendant and her
son are homeless, being forced to find shelter with family and/or friends outside of
child's school district, causing even more hardship. The defendant respectfully requests a
decision of "Dismiss Without Prejudice" be made since all conditions were met prior to
the September 30, 2010 deadline, as requested by the plaintiff, Cumberland Pointe. The
defendant also makes this request for fear that as a result of the premature judgment and
complaint it will be difficult to find affordable housing, in a decent neighborhood, also
causing hardship. Defendant was a resident of Cumberland Pointe since 1999 and
respectfully requests consideration that this is the first time she has ever been brought in
front of a judge for landlord/tenant concerns.
Respect ,
rcedes Vega
efendant
Docket No.: LT-0000370-10
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PROOF OF SERVPCE OF NOTICE OF APPEAL AND RULE TO FfLE COJMP4LAlNT
(This proof of service MUST BE FILED LMTH/N TEN (t t?) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEAL OF PENNSYLVANIA
COUNTY OF ~~ 1 ~ ~r ~Q~c ; ss
AFFIDAVIT: I hereby (swear) (affirm) that 1 served
a copy of the Notice of Appeal, Common Pleas ~~ upon the District Justice designated therein on
(date of service) , 20~, ^ by personal se 'ce ~7 by (certified) registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) ~, on
~~~-- , C Q , 20~ ^ by personal service b . (certified) (registered) mail,
sender's receipt attached hereto ,~
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20
Signature of officio! before whom affidavit was made
Title of official
My commission expires on , 20
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COMMONWEALTH` OF'~ENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ~Q - t`,o3'~3 C,t Vl I TE1"h'~
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 APPFIUWT MAC. DIST. NO.. NAME OF D.J.
ADDRESS APPE ~ CnY STATE ZIP CODE
DATE OF JUDGMENT Nr THE CASE OF (Plsiili0t) _ ()
DOCKET No. SIGNA OR ATTORNEY OR AGENT
%.,
This block wilt be signed ONLY when this notation is required under Pa. g a ant was Claimant (see Pa. .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
SUPERSEDERS to the judgment for possession in this case.
r'~ 0 t' "'''~~ G ° • , (2~) days alter 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 appea! to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
/'j Name ~ appe8ee(s)
(Common Pleas No. ~Q .. l03~13 l.: tVt I ~r!'11 ) ~""~In twenty (20) days after serv" of rule or suffer entry of judgment of non pros.
LL SlgnatlMe of t oratfomey or agent
RULE: To ~L( I~1~ ~~) nT ~ ~ ' appellees)
Nameo/app~ eels)
(1) You are nattfied that a rule is hereby entered upon you to fits a complaint in this appeal within twenty (20) days after the date of service
of this retie upon you by personal service or by certified or registered mail. ~~' ° • ^° ~ ° "~ ~" ; `"~"`""`~"': """''' ` ' ,"t'
(~) , If you donot file a complaint within this time, a JUDGMENT OF NON PROS MAY BE~ENTEfdEE'~ ~kC+rA,~ YOB ~ . ,•~ ~,>
- (3} µTt`date'Qf siervio@ of this tole if service was by mail is.the date of the mailing. F" }, .,: 5, ' "`
s is ~ ~
'w/ +.. ,
Date 20 ~ ; -
M
~ '
i v} 4 ,~ ,
Y(~l,1NU~#I~.i~iDr~,A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WRH THIS NOTICE OF APPEAL.
`f ,~
AOPC 312-02
WHITE -COURT FILE TO BE FILED WRH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY
PINK -COPY TO t3E SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ?j,?,? ljer(ar?Cl
CuLrnber? DOCKET NO.: ID-?3?13 (n?v?1?P11K
DATE FILED: C? - `Z I - 10 (2
'il
vs. £ p
-M
V
ey
Mercedes -, { -?
PETITION TO PROCEED IN FORMA PAUPERIS
I hereby request that I be permitted to proceed in forma pauperis (witho ut payment of the `
filing fee). In support of this I state the following:
1. 1 am the (Plaintiff)(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. 1 am unable to obtain funds from anyone, including my family and associates, to pay the
costs of litigation.
3. 1 represent that the information below relating to my ability to pay the fees and costs is
true and correct:
(a) Name:
Address: ?• (7? ?q1o
Social Security No.:
204-54-W9b
(b) Employment--If you are presently employed, state
Employer: Cum?erlond C, unit' -Domestic R?Address: 4an(x,e_r SA : , Cav I %":S k , PA I-V 13
Salary or wages per month:
Type of work: I C-4 4P rK -
MidPenn Legal Services Landlord/Tenant Packet Page 23
Af you are presently unemployed, state:
C)
Date of last employment:
Salary or wages per month:
Type of work:
Other income within the past twelve months
Business or profession: N4--} (Yy as nt Peed 011 m ,
Other self-employment:
Interest: N (?
Dividends: ? 0
Pension and annuities: K a
Social Security benefits: N
Support payments: Cn
Disability payments: I a
Unemployment compensation and supplemental benefits:
Workman's compensation: NIA
Public assistance: W I A
Other: N14
(d) Other contributions to household support
Spouse's Name:
If your spouse is employed, state:
Employer:
Salary or wages per month:
Type of work:
MidPenn Legal Services
tq
N \?
Landlord/Tenant Packet
Page 24
Contributions from children: n-00
Contributions from parents: O , OD
Other contributions: 0,00
(e) Pro er y owned
Cash: C. CD
Checking account: 2-CO - co
Savings account: S 100
Certificates of deposit: 0, tO
Real estate (including home): O,C0
Motor vehicle: Make: %o
Cost: $ Amount owed:
Stocks; bonds: -t''y
Other: NI ? Iq
(f) Debts and obligations
Year: 260
Mortgage: -
Rent: $ + S ? ? lu ?`? 'tYl ?h+ Vi? IrCh+rY? ?v CL??
s
rn CU?G Smart" pR iC) N Zw 4o xh-PT
Loans:
Other: Meth ml Wsm? X, 121 m. I Car inS3111.toto
(g) Persons dependent u own you for support:
Spouse's Name: MIA
Children, if any:
Name
a-ary-_S ti . --ppachP -
eue
MidPenn Legal Services Landlord/Tenant Packet Page 25
Other persons:
Name Relationship
4. 1 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. 1 verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to
unsworn falsification to authorities.
Date:
P ainti /Defendan
Action by the Distriet dustie-
Date:
iwte
MidPenn Legal Services Landlord/Tenant Packet Page 26
Docket No.: LT- 0000370-10
Date Filed: 9-21-10
Judgment entered 9-29-10: Possession Granted
Petition to Proceed In Forma Pauperis
Appeal
Date Filed: October 5, 2010
"Please review the below listed Summary of Events
July 14, 2010
Received notice on front door that my lease was scheduled to expire on Sept 1.
Notice included their decision of "non-renewal".
Notice included request to surrender the premises by the expiration date of September 30,
2010.
Notice included that this was not an eviction, only non-renewal.
Notice included if Mercedes Vega "stayed beyond expiration date of lease" eviction
proceedings would begin.
July 15, 2010
Contacted Cumberland Pointe for verification as to why they are not renewing.
Spoke to Lanice who informed, "This was a decision made by corporate because of the
dog and your issues with the previous manager, Antoinette".
Verified with Lanice there were no other issues of concern and that she would provide
potential landlords with same information she provided me.
July 28, 2010
Received letter from Housing that they too received non-renewal and providing steps to
remain in the program, if I wished to do so.
August 31, 2010
Received letter/notice from Lanice Walker, of Cumberland Pointe, stating, "Your rental
account has a credit that would need to be taken off of your rental payment for the month
of September, please subtract this amount $7.00."
September 8, 2010
Received "Late Notice" from Lanice Walker, of Cumberland Pointe: "Cumberland Pointe
has reviewed your ledger account and has discovered a delinquent balance in the amount
of $893.00". The late fees portion of the letter/notice was crossed out prior to my
receiving it.
September 9, 2010
Called Housing Authority, left message for Sandy Smith, asking for return call about
$893.00, as this amount was higher than the portion I was required to pay.
* * The difference in this amount requested and the amount I normally paid, is $156.00.
September 13, 2010
Sandy Smith, of Cumberland Co Housing Authority, returned call. She stated this amount
is my responsibility since they withheld payment due to Cumberland Pointe not repairing
damages from the fire in May.
On the same day I received a call from Lanice Walker, of Cumberland Pointe. She asked
for an update of my status, which I didn't provide, as I still have not found a place. I
informed her I am still looking for a home but am having difficulty due to her providing
negative and false references. She stated she was not doing this, that the reason I'm
having a hard time must be my credit and that they would be taking me to court. I asked
why, when the paperwork she provided to me gives me until September 30. She informed
me that since Housing is not paying for their portion of the rent due to non-repair of
damages, they are now losing money on the house and need me out. At this time I ended
the call, letting her know I was at work and could not get into that conversation at that
time.
September 17, 2010
12:00pm: With a co-worker/friend present, I called (via speaker phone) Lanice Walker,
of Cumberland Pointe, for total amount owed. Informed her of the 2 notices I received
and that I wanted to verify if the $893.00 amount reflected the credit. She asked for the
date of the notice indicating there was a credit and when she was informed that it is dated
August 31, 2010, she stated, "Your lease expired August 31, 2010 so the credit is no
longer an issue." When asked to verify the total amount owed, she stated, "What does
your letter say? Didn't you get one around the 51h or so, maybe later because of the
holiday?" I informed her that I did receive one and what the amount on it was and she
responded, "Then that's what you owe." At this time, she was informed that this amount
would be taken care of the same day (meaning Sept 17).
12:11 pm: Purchased cashier's check in the amount of $893.00. Inquired about tracking
and was informed.
5:00pm: Dropped cashier's check off in Cumberland Pointe's rent drop box.
6:30pm: As I was leaving I noticed another Notice/Letter on the front door. It states that
"On Monday, September 20, 2010 will have a scheduled court date with you for non-
payment of rent due to the fact that your rental account is still showing past due for
September rent." The notice also provided steps that would be followed on Monday,
September 20, if the account was not paid in full. The letter also provided the "account
balance": $893.00.
"NOTE: I disregarded the notice since I had just paid the amount listed in full. Please
refer to cashier's check receipt 0000547521.
September 24. 2010
Mail and notice on door, of court date for September 29 for possession of real property. It
is dated as being filed September 21.
September 26. 2010
Moved all items and furniture from 613 Cumberland Pointe Circle, Mechanicsburg, PA
17055 and began clean up of said property.
September 27. 2010
5:00pm: Continued clean up of 613 Cumberland Pointe Circle, Mechanicsburg, PA
17055
September 28. 2010
5:00pm: Continued clean up of 613 Cumberland Pointe Circle, Mechanicsburg, PA
17055
September 29, 2010
Appeared before Magisterial District Justice Mark Martin wherein the premature
judgment was made.
October 1, 2010
Following a conversation with District Justice Mark Martin's office staff, I contacted
Lanice Walker by telephone and requested to set up an appointment time at which we
could exchange the keys and a letter of satisfaction. Ms. Walker stated she refused to sign
anything. She stated her reasons were that money was owed for the property and stated
the monies owed are for damages from a fire on May 1, 2010. Please note the following
points addressed to Ms. Walker:
1. She testified in court, to District Justice Mark Martin, that there were no outstanding
monies owed and there is a 0.00 balance.
2. Repairs were never done for the kitchen fire damages and she had not provided any
documentation to me prior to the lease terminating showing any estimates or monies
owed.
3. Cumberland County Housing Authority's Section 8 Program, denied their portion of
payment to Cumberland Pointe for September rent, due to the plaintiff's non compliance
in completing repairs within the property and as a result, I was held responsible for this
additional and did pay it.
4. Security Deposit of $250.00
Ms. Walker began to raise her voice and demanded to know if I would be dropping off
the keys. At this point, I informed Ms. Walker that I would be ending the call and did so
to avoid further confrontation. The call was ended abruptly due to Ms. Walker's refusal
and unwillingness to follow through on her end, and on behalf of Cumberland Pointe. I
drafted my own letter and went to the office with my son, on October 1, 2010. Our intent
was to return the keys and drop off the letter, whether she was willing to sign it or not.
Based on the office hours indicated on the Cumberland Pointe voicemail, and my work
schedule, my son and I arrived at 5:02pm. The office was closed, therefore we left the
letter and both keys in the rent drop box, mailing copies to each District Justice Mark
Martin and Cumberland County Housing Authority, Attn: Sand Smith.
October 5, 2010
I respectfully request an appeal and dismissal of this complaint for the following reasons:
1. Defendant paid monies owed in amount (provided by plaintiff) of $893.00 on
September 17, 2010.
2. Plaintiff cashed cashier's check for $893.00 on September 20, 2010.
3. The original paperwork/ Notice of Non-Renewal provided until September 30,
2010 to vacate the premises.
4. Plaintiff filed complaint on September 21, 2010, one day after payment was
resolved and 9 days prior to the deadline provided by Cumberland Pointe to
vacate.
5. Both parties appeared in court before Magisterial District Justice Mark Martin on
September 29, one day before the deadline provided.
6. Plaintiff testified to the court that the rent amount was $850.00 (and failed to
mention she collected $893.00 from defendant for said rent).
7. Plaintiff testified that no monies were owed and that defendant had until
September 30, 2010 to vacate.
8. Plaintiff testified that she filed prematurely when she said she "jumped the gun in
filing" the action.
9. Either plaintiff was dishonest in court and lied to District Justice Mark Martin or
plaintiff provided false documentation to defendant regarding amount owed prior
to vacating premises. Documentation provided to Mercedes Vega indicated
$893.00 was owed and plaintiff cashed cashier's check for said amount, again
testifying in court that monthly rental amount was $850.00, which is $43.00 less.
In summary, I, the defendant, Mercedes Vega, respectfully request that Your Honor
review, overturn the September 29 judgment and reconsider this case for dismissal. While
I, the defendant, am grateful that the Magisterial District Justice, Mark Martin, ordered
the plaintiff be responsible for court and filing costs due to the premature filing of the
complaint, I am also taken aback that a hearing was scheduled and judgment was made
prematurely, based on that complaint. Again, the Notice of No-Renewal (not an eviction)
provided to Mercedes Vega from Cumberland Pointe allowed until September 30, 2010
to vacate the premises.
Other documentation also indicated the plaintiff was seeking payment of $893.00 for
September rent, which was paid (please see above notation and attached paperwork).
Plaintiff testified in court that the rent amount was less than that of which she informed
the defendant. Monies were paid prior to September 29 and the property was vacated on
September 30, 2010. The amount paid by defendant was supposed to include an amount
denied by Cumberland County Housing Authority's Section 8 Program, due to the
plaintiff non compliance in completing repairs within the property. Defendant
respectfully requests that Your Honor also address and resolve the issues regarding the
discrepancies in the amount of monies owed that were provided by the plaintiff to the
Magisterial District Justice and to the defendant.
As a result of the non-renewal and inability to find a new place yet, the defendant and her
son are homeless, being forced to find shelter with family and/or friends outside of
child's school district, causing even more hardship. The defendant respectfully requests a
decision of "Dismiss Without Prejudice" be made since all conditions were met prior to
the September 30, 2010 deadline, as requested by the plaintiff, Cumberland Pointe. The
defendant also makes this request for fear that as a result of the premature judgment and
complaint it will be difficult to find affordable housing, in a decent neighborhood, also
causing hardship. Defendant was a resident of Cumberland Pointe since 1999 and
respectfully requests consideration that this is the first time she has ever been brought in
front of a judge for landlord/tenant concerns.
Vega
Docket No.: LT-0000370-10
CUMBERLAND POINTE,
PLAINTIFF
V.
MERCEDES VEGA,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-6343 CIVIL
IN RE: DEFENDANT'S PETITION TO PROCEED IN FORMA PAUPERIS
ORDER OF COURT
AND NOW, this 27th day of December, 2010, upon consideration of the
Defendant's Petition to Proceed in Forma Pauperis,
IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Petiti@ iso
-03
Proceed in Forma Pauperis in her appeal
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may
an
GRANTED. The Defen
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Judgment entered against her. <o -
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By the Court, vc=
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'Cumberland Pointe, Plaintiff
1254 Rocky Road
Mechanicsburg, PA 17055
?Mercedes Vega, Defendant
P. O. Box 896
Mechanicsburg, PA 17055
Honorable Mark Martin
507 North York Street
Mechanicsburg, PA 17055
bas C
M. L. Ebert, Jr., J.
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David -II Buell.
Prothonotary
Office of the Prothonotary
Cum6er[ancd County, cPennsy[vania
7(irkS. Sohonage, EsQ,
SoCicitor
!V - /31/3 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite100 ® CartTsCe, TA 0 (Phone 717 240-6195 0 Tax 717 240-6573