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HomeMy WebLinkAbout10-7867COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. lys& 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 DATE OF JUDGMENT IN THE CASE OF (Plaintdt) (Defendant)' 1 "Ili -12 - IC) "S'V ilgM mtV `S ho Me' SA LL ? 1r, Dpi VL & I3L4c_k_ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was .D.J. before a District Justice, A COMPLAINT MUST BE FILED within twenty (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 S 1 G ?M A N ' S ?b t(u1L ? A t_.I appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. /Q_ 7807 ) within twenty (20) days after rvice of -or s ffer entry of judgment of non pros. :y I x 1. Z&_4 Signature of appellant or attorney or agent RULE: To S Co M I% iV •-'> 1}AMI;F_ SALGS , appellee(s) arne of appellee(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 this rule if service was by mail is the date of the mailing. Date: 20 _;?Pet -) / ?* 'ff Signature of Prothonotary or uty 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 -APPELLANT'S 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 cdmmission expires on 20 iN 'Z: k d C") C N ? C7 't7 _ O C -,"*t r` may, l ns a eo -.s , n -v = -n X° QZ3 r?? "4 CJ7 C.0 n Sigman's Homes Sales Plaintiff V. Paula Black Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 10-7811 Civil Term PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Paula Black, Defendant, to proceed in forma pauperis. I, Joanne H. Clough„ 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 services to the party. LEGAL SERVICES BY: Joanne H. Clough, Esquirpu Attorney for Defendant 401 E. Louther Street., Suite 103 Carlisle, PA 17013 (717) 243-9400 C: 3 MCD +?n C: ... • ?rn . A C ?I/IN1ONVVEAL T H OF PENNSYL /AiNIA COUNTY OF CUMBERLAND Mag. Dist. No: NIDJ-09-3-03 -? MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Paula Black 29 Garden Parkway Carlisle, PA 17013 Disposition Details ;Notice of Judgm mt/Transcript Residential Lease Sigman's Home Sales r'SC Sonw-t6rwk V. 0-Arli&6 PA Paula Black 17013 Docket No: MJ-09303-LT-0000377-2010 Case Filed: 11/29/2010 Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. Yes Paula Black Wage attachment is prohibited due to lack of personal service. No Wage attachment is prohibited under Title 42 Section 8127. No Sigman's Home Sales Wage attachment is prohibited due to lack of personal service. No Wage attachment is prohibited under Title 42 Section 8127. No Judgment Summary Joint/Several Liability Individual Liability Amount Participant Paula Black $0.00 $1,400.50 $1,400.50 Judgment Detail ("Post Judgment) In the' matte?''bf Srgrrian's' Home` Sales vs` Pauia'81ack' nX2713%2010"tike disposition"is Judgme'rrt ti , t tiVas ' awarded as follows: The amoUnt of rent per month, as e stablished by the. Magisterial District Judge, is $300.00 Judgment Component Joint/Several Liability Individual Liability Deposif Applied Amount . Rent in Arrears $0.00 $1,275.00 $1,275.00 Filing Fees $0.00 $92.50 $92.50 Server Fees $0.00 $33.00 $33.00 ;Grand Total: $1,400.50 Portion of judment for physical damage arising Out of residential lease Amount of judgment subject to attachment 42 PA C.S. 8127 0.00 ----- -- MDJS 315A - Page 1 of 2 _---- Printed: 12/13/2010. 3:37:17PM SiSman's Home Sales V. Paula Black Doc!<ei No.: NI - ?;C3-L-T-00003-2'31G 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 COURT 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 ONLY TO APPEAL THE MONEYPORTION 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 CF 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. Date Magisterial District Judge Susan K. Da Y f" OF PENNSYLVANIA COURT OF COMMON PLEAS County Of 1. /?^4J2r?Ga,?? PLAINTIFF: NAME and ADDRESS r- S`5+??5 V'? S0-i eS 7 VS. DEFENDANT: NAME and ADDRESS P k-,_ -vAt 6LACk ?Do ? t? YV\S'-x,3o3 -CJ-- o?3rr7-I I\AOj - Oq-3-o3 avlo TENANT'S SUPERSEDEAS AFFIDAVIT (NON-SECTION 8) FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) 1, ?) rk A ? Q?_ ? Iac_JC (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. 14rre/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 rn Date SIGNATURE OF TENANT - _.Z_1 , - C ) , ,.r r -) ZZ AOPC 312-08 (B) GOMMVNWEALIM Vf Fr_NN,TLVANIA COURT OF COMMON PLEAS 1 Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT I ?..,? ?,, i r ? G. es.1 ? -t t„tr,? , ? COMMON PLEAS No. 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. &_ AC _iC I Oct- 3- d L I R v : v ? ?1 ADDRES F APPELLANT CITY STATE -? ZIP CODE La i-- N ;_ I - gat 1_? if1 ?r DATE OF JUDG NT IN THE CASE OF (Plaintiff) (Defendanf)' t, ?A 1. t? 1/.0 DOCKET No. SIGNATURE APPELLANT OR ATTORNEY OR AGENT i? 12 -41, A914 This block will be sinned ONLY when this notation is required under Pa. I If hppe71ant 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 this case. (20) days after filing the NOTICE of APPEAL. s atu Plolhonotery or poly W 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 appellee(s), to file a complaint in this appeal Enter rule upon I C_ MIA I'"j I ?> kb vv* K7- ZA Le", Name of appellee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or a mey or agent RULE: To ' appellee(s) Name of appelf"(s) (1) You are noti rp a routs 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. 13 erurce i**cert?ed or registered mail. ,. (2) If you do,$to); a c? wl?tin ttiis time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The dat"fse rule if service was by mail is the date of the mailing. gip.., t yd / "' Date: Si ..-f rtt?ry or Nfy gnature of P on YOU MUST INCLUDE A COPY OF THE NOTICE OF`J UddMENTIYRANSCRLPT 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 F,ILED_UFFICE OF THE PROTNONOTAR?. 2010 C 30 PM 3: Q Q CUMBERLAND COUNTY PENNSYLVANIA 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 CumlieIQnd ; ss AFFIDAVIT., I hereby (swear) (affirm) that I served tid a copy of the Notice of Appeal, Common Pleas /0_790 7 , upon the District Justice designated therein on (date of service) I?cembc? 3c, , 20_j?>_, ? by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name)S;drratt's Ave- sales , on ,hiecamloer 30 20 ?a ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN (AFFIRMED) A SUBSCRIBED BEFORE ME THIS d DAY OFy 20 1 O MiLe Signature of official before whom a tidavit'wes t (!1" V rifle of bf al My commission expires on 20 r' Only. (Domestic Mail No 0 cO For delivery information visit our websile at vww.w;w-CQf11 •.,A Ir t- Postage $ pA j? Q' ,r? y Certified Fee G+ D o m P.m ? O Retum Revel t Fee Z C3 (Endorsement Required) Z. 30 W H C3 A Restricted Delivery Fee 2010 O (Endorsement Required) l? cD Total Postage & Fees $ g, > fiSPS nu Signature of affiant U .S. Post al Ser vice CERTIFI ED MAI L PF CEIP..i ' ( Domestic M ail Only : No t`ro w,juil F or d li i f ti i i e very n orma o n v s t our websi te at www.usps. com -------------- -------------------- S. A3o.; ,/? 7 - r-3 or PO BoxNo.27 1k!!St a, 0,1, ?6l------------°- ------ / - - -----------------°_ City, State, Z! 4 -lob s- (Endorsement Required) ru "D Total Postage & Fees Fs n, ?l Er r? Postage $ . Y 0-' -• - rrl Certified Fee 2 f-D 0 Return Receipt Fee ` C3 (Endorsement Required) 2,3o 0 Restricted Delivery Fee PAr Q P=rk W 7??0 co ?rO/ \SPS 0-' Sent To S M - C p eeL Apr. No:; ?- ,ti o-rrrPOBoxAla. I `? o-- kt - Clry. State, ZIP+4 ? ? S ? ? I SIGMAN'S HOME SALES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-7867 Paula Black, : CIVIL TERM Defendant m ti 1 x _ xw? CERTIFICATE OF SERVICE Z =- I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Paula Black, hereby certify that I have served a copy of the Notice of Appeal and Rule to File Complaint on the Honorable Susan K. Day, 229 Mill Street, Mt. Holly Springs, PA 17065, on January 3, 2011, by US Postal Service, Certified Mail, as evidenced by the attached returned receipt. MidPenn Legal Services, Inc. Date: l - l a - l Amy H' is, Esquire MidP n Legal Services 401 E. L outher Street Carlisle, PA 17013 ra ¦ Complete items 1, 2, and 3. Also complete A re item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse art X l so that we can return the card to you. 0 Addressee ¦ Attach this card to the back of the mailplece, B (P°^ Nom) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is deliv ddress different fro em 1? Yes -*I? ?? day If Y S, rater delivery address below: No ('?o?? !67 3. Service Type 4,S- W-Cgified Mail J ? Registered ? Insured Mail 4. Restricted Delive 2. Article Number 7009 2820 0003 9794 (rransfer from servke labs!) _ PS Form 3811, February 2004 Domestic Return Receipt ? Express mail 1:Weetum Receipt for Merchandise ? C.O.D. yT (Extra Fee) ? Yes 9807 102595-02-M-1540 SIGMAN'S HOME SALES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-7867 c? Paula Black, : CIVIL TERM c Defendant mrn j: CERTIFICATE OF SERVICE C) 5 -c I, Amy Hirakis, Esquire, of MidPenn Legal Services., attorney for the Defendant, Paula Black, hereby certify that I have served a copy of the Notice of Appeal and Rule to File Complaint on the Plaintiff, Sigman's Home Furniture, 50 Bonnybrook Rd., Carlisle, PA 17013, on January 3, 2011, by US Postal Service, Certified Mail, as evidenced by the attached returned receipt. Date: /- 62 - if MidPenn Legal Services, Inc. irakis, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 7,11,2 A. Si X ? Agent ? Addressee ?, ?R?f M Date i D. Is delivery address dnnnt from item 1? ? Yes If YES, enter delivery address below: ? No 3. Swvi%Type Otfartilled Mail ? Express Mail ? Registered CilTeturn Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7009 2820 0003 9795 2852 (Transfer from service rabeq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540