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Home My WebLink About11-5992COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM G w, ,, LJ Jot- 4t-? MAGISTERIAL DISTRICT JUDGE JUDGMEN T COMMON PLEAS No. G?- 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ,L ?esLt ,`ct.O/`a? ??g?!tItLa/- ADDRESS OF APPELLANT CITY STAI E ZIP CUUe I vv a 1. cd l? S C? (? '/' 70 t DATEOFJUDGME T am p an DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT ,ou - v q L od - t- r - a 7(- a , / This block will be signed ONLY when this notation is required under Pa. If app ant s Claimant (see Pa. P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. r r. This Notice of Appeal, n received by the Magist I District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPE EDEA the judgent for po 7ion in this case. within twenty 1 (20) days after filing the NOTICE of APPEAL. or Deputy 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon 114&,,V,; 6-1 ?ppellee(s), to file a complaint in this appeal / Nar 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 attorney or agent RULE: Toj(v--k'f_. ?`,` C PPell e(s) Name o appe ee s (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) clays 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , 2011 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 k'*0R0THONOTAR ,, 2011 JUL 28 AM 9: b9 CUMBERLANO COUNTY PENNSYLVANIA ?S.oo wtr - Fa<d 1 ' . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Telephone: 717-240-6564 John Joseph Mangan III, Esq. Bayley & Mangan 17 W South St Carlisle, PA 17013 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Deshinera Davis Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Housing Authority of the County of Cumberland Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Disposition Summary Notice of Judgment/Transcript Residential Lease Housing Authority of the County of Cumberland V. Deshinera Davis Docket No Plaintiff Defendant MJ-09202-LT-0000071-2011 Housing Authority of the County Deshinera Davis of Cumberland Judgment Summary Joint/Several Liability Individual Liability Participant Deshinera Davis $0.00 $439.30 Docket No: MJ-09202-L.T-0000071-2011 Case Filed: 6/30/2011 Yes No No No No No Disposition Disposition Date Judgment for Plaintiff 07/18/2011 Amount $439.30 Judgment Detail ("Post Judgment) In the matter of Housing Authority of the County of Cumberland vs. Deshinera Davis on 7/18/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $13.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $247.15 $247.15 Attorney Fees $0.00 $70.00 $70.00 Costs $0.00 $122.15 $122.15 Grand Total: $439.30 Portion of judment for physical damages arising out of residential lease: $0.00 Amount of judgment subject to attachment 42 PA C.S. 8127: $0.00 AUJ6 315A Page 1 of 3 Printed: 07/18/2011 9:41:07AM Housing Authority of the County of Cumberland Docket No.. MJ-09202-LT-0000071-2011 V. Deshinera Davis 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 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 JUDGMENTITRANSCRIPT 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. '71911 Date Magisterial District Judge Jessica Brewbaker certify a is is a true an correct copy o the record o the proceedings containing the ju gment. Date Magisterial District Judge Jessica Brewbaker MDJS 315A Page 2 of 3 Printed: 07/18/2011 9:41.07AM Housing Authority of the County of Cumberland Docket No.: MJ-09202-LT-0000071-2011 v. Deshinera Davis Participant List Private(s) John Joseph Mangan III, Esq. Bayley & Mangan 17 W South St Carlisle, PA 17013 Plaintiff(s) Housing Authority of the County of Cumberland 60 W Penn St Carlisle, PA 17013 Defendant(s) Deshinera Davis 100a Lincoln Street Carlisle, PA 17013 Complainant's Attorney(s) Tricia Dills Naylor, Esq. Baric Scherer 19 W South St Carlisle, PA 17013 Page 3 of 3 Printed: 07/18/2011 R41:07AM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND V. DESHINERA DAVIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENI9YIp-3?AIA CO m ^g..6 r-q ` =;:o cnr' t' rv t -a N CIVIL ACTIO r-z °D °c) Q n g No. - S l -I 4? ?l VI ( *? ? a 7p ? ^-1 C. X REQUEST LEAVE FOR CONTINUATION OF IN FORMA PAPUERIS STATUS FOR PURPOSES OF APPEAL In 2011, John Mangan was court appointed to represent Appellant Deshinera Davis in her children's juvenile dependency matters. Appellant was indigent at the time John Mangan, Esq, was appointed and there has been no substantial change in the financial condition of the party since such date. The party is unable to pay the cost of supercedeas, fees and costs on appeal. Deshinera Daivs hereby requests leave to proceed in forma pauperis for purposes of appeal. Respec lly submitted, //1 V Jo 4ang",an, Esq. Supreme Court ID 87000 17 West South Street Carlisle, PA, 17013 717-241-2446 HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Plaintiff V. DESHINERA DAVIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- 5992 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO STRIKE APPEAL m C= w c> CD e -: Please strike the appeal in the above action for failure of Appellant to file with the Prothonotary proof of service of copies of her notice of appeal and proof of service of a rule upon Appellee to file a complaint, within ten (10) days after filing the notice of appeal as required by Pa.R.A.P.M.D.J. No. 1006. Respectfully submitted, B C SC ERER LL Tri a D. Naylor, squire I.D. '# 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Aplea) '?!' 11c:kCn. in CC ? " v+-`-r(ti f e abaje, W/ clpe d ?. &i-ell HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Plaintiff V. DESHINERA DAVIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- 5992 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE I hereby certify that on August 10, 2011, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of the Praecipe To Strike Appeal, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John J. Mangan III, Esquire Bailey & Mangan 17 West South Street Carlisle, Pennsylvania 17013