HomeMy WebLinkAbout01-3185 CGMMONWEALTH OF PENIqlSYLVANIA NOTICE OF APPEAL
COURT C~ COMMON PLEAS
FIK)M
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMO~ PLEAS No. 01--3.18~ CIVIl'.
NOTICE OF APPEAL
N~lice is g/yen lhat fire appelkmt hm fi~d in the above Court of Commcm FJsm an appeal from ibc j~ ~d ~ ~ ~r~ ~ ~ ~
date and in the rose menlimed bda~
6~ I9_ T,ott~h~r sT_ Iht_ 2I) Carlisle Pt 1701 3
5-17-01 Louther Place Limited Partnership Ann bicMullen
CV 19 MidPenn Legal Services ~A_/'~ ~.~
LT 19 L?-0000157-01 18 Irvine Row F/v'~'/~ ~'~'~'~/
I~.~'r'14=1. ;a 17013 (717} 9A'~-qa~o ·
l This hl~, ~11 be ~,,~ ONLY when ~nis ,--~;~,;i,, is required under P~.C.PJ~'. N=
I008B. If appellant was CLAIMANT (see I~. R.C.P.J.P. No.
TI~ Notice of Ai~ when mcei~KI by ~ne Dis~ic~ ~stice, will operate m = 1001(8)insctio~be~ol~sb,ictJu~ice, heMUST
PRAECIPE TO Ehi-.K RULE TO FILE COMPLAINT AND RULE TO FILE
(TNs section ol fo~rn to be used ONLY when apl~fant was DEFENDANT (see Pa. RC. PJ.P. Nc~ 1001(7) in action before Dist~ct Justice.
IF NOT USED, clench from copy ol notice ol al~oeal to be sen, ed upon a~oellee).
PRAEaPE; To
~,;,n~eupon Lo=ther ~lace nim~ted ~artnership
~me ~' ~m(sJ , appellee{s), to file a complaint in Ibis appeal
(C.m~mmPbasN= 01-3185 CIVIL TE~M )withintw~ney(20)daysafter~s~'~ic~e~ of mb ar suffer ~ry of judgment of nan pme.
RULEI To r,outher Place Limited Par~nersh,i~.(,~ ~
(I) You am notified fl~at a mb is hereby entered ulxm you to fib a campk~/n this al~peal wilfiin twenty (201 days after ihe d~ ~
(2) If you do not fib a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of se~dce of 1his mb if service wm by mag is Ihe date of rn,Gi .
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WI THIN TEN t fO) DAYS AFTER filing the notice of si)peel. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby swear or affirm that I served
r~] a copy of the Notice ot Appeal. Common Pleas No. . upon the District Justice designated therein on
(date of service) · [] by personal service [] by (certified) (registered} mail, sender's
receipt attached hereto, and upon the appellee, theme) .., on
· 19 [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto.
[] and further that I served the Rule to File s Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on 19 [] by personal serwce [] by (certified) (registered)
mad, sender's race,pt attached hereto
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS __-- DAY OF ..... 1~ ..... Signature of affiant
COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT
~"--'~UNTY OF:
~,~. Oi,. ~.: PLAINTIFF: RESIDENTIAL LEASE
· 09-2-01 r-Lou
o.J,,1,: Ho.. 33 STAT!
PAOLA P. COP~ CA~LISLE, PA 17013
~'"' I COOHTNOOBE S~
CAHLISLE, PA I .j
DEFENDANT: NAME Jm ADDRESS
Tm,m,.: (717) 240-6S64 17013-0000
A~= D~F ~ = ~IS~, PA 17013
8 IH~ ~ ~cketNo.: ~-000015~-01
L~ 8~S ~C. Date Fil~: ~/23/01
~ZB~, PA 17013
~IS IS TO NOTIFY YOU THAT:
Judgment: ~ ~.a~
-- ~ Jud~ment~enteredfor: (Name) ~u-,--~-
JudGme~ was entered against M~';'~z ~ in a
~ Land~o~enant a~ion in the amount of $ ~ on ~. (Date ~ Judgment)
~e amount of rent per moth, as est~lish~ by the Dist~ Justin, is $ .00,
The total amount of the Secu~ty Deposit ;s $ .00
Physical Damages Leasehold Pm~y $' =
Dama~e~Un~ust Detention ~
. .~
Less Amt Due Defendant from Cross Complaint - $
Imerest (if pmvid~ by lease) $ _ An
~ A~achment Prohibit~
V/~im ~ Abu~ (A~ 5, 1996) Judgme~ Cos~ $
A~orney Fees $ _ nn
~is case dismissed without prejudice. T~al Judgm~t $ ~9.18
~ Po~ession grant~. Post Judgme~ Cr~its $
Post Judgment Costs $.
Possession granted if mone ' d nor g~[~ied Dy time OT eVlffilO~.
Possession not granted. ~ Defendants are jointly a~ se~rally liable.
~ Levy is stayed for days or ~ generally s~y~.
~ Obje~ion to Levy has been fil~ and hearing will ~ held:
Date: Pla~:
Time:
IN AN A~ION INVOLVING A R~I~r~TlJl I r~eg ~uv a.~ u.. .................
H~ THE R~ TO APPEAL FROM A JUDGME~ FOR ~SE~ION W~HIN
TEN DAYS A~ER THE DATE OF E~RY OF JUDGM
ENT BY FLUNG A NO~CE OF APPEAL WI~ THE PRO~ONOTARY~LERK OF COU~
~ ~E COU~ OF COMMON PLE~ CIVIL DIVISION. THIS APPEAL ~LL I~LUDE AN APPEL OF THE MONEY JUDGM~T, IF ANY. IN
MUN rH~ RE~ OR ~E RENT A~UALLY IN ARREARS ON THE DATE THE APPEAL I~ FILED.
IF A PA~Y WlSH~S TO APPEAL ONLY THE ~NEY ~lON OF A JUDGME~ I~OLVING A R~IDE~IAL L~gE, ~E PAR~ H~
~ DA~ A~ER THE DATE OF ENTRY OF JUDGME~ IN WHICH TO FILE A ~TICE OF APP~L ~H ~E PROTHONOTARY~LERK OF
COUR~ OF THE COU~ OF COMMON PLEAS, CIVIL
I I ce~ity that th s s a t~e ~ corr~ .... · ,~r ....... ~.~
...... ~, ~yx ~, u~ ~u~r= o~ me pmce~i~s ~nta n ng t~e judgme~.
· ' , DistH~
expires fimt~onday of Janua , 006 '
· ' / ' SEAL
LOUTHER PLACE LIMITED : IN THE COURT OF COMMON PLEAS OF
PARTNERSHIP, :
Plaintiff :
: CUMBERLAND COUNTY, PENNSYLVANIA
vs. : Or..It
: NO. CIVIL TERM
ANN MCMULLEN, :
Defendant :
PRAECIPE TO PROCEED IN FOR_MA PAUPERIS
To the Prothonotary:
Kindly allow, Ann McMulien, Defendant, to proceed in forma _nau_ueris.
I, Philip C. Briganti, attorney for the party proceeding in forma _uau_ueris, certify that I believe the
party is unable to pay the costs and that I am providing free legal services to the party. The ixu'ty's affidavit
showing inability to pay the costs of liligation is attached hereto.
ganti - ~/ ¢:' c'
Philip C. i~i ~:; .... :
Attorney for Defendant -~. - -.
MIDPENN LEGAL SERVICES ...
8 Irvine Row '. ·
Carlisle, PA 17013 "'-" ,
(717) 243-941210 .. :' · ·
!~ "
LOUTHER PLACE LIMITED : IN THE COURT OF COMMON PLEAS OF
PARTNERSHIP, :
Plaintiff :
: CUMBERLAND COUNTY, PENNSYLVANIA
Ys.
ANN MCMULLEN, :
Defendant :
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROC.~.~.r~ IN FOP.MA PAD'PERIS
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, defending, or appealing 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 true and
correct.
(a) Name: Ann McMulh~I
Address: 65 West l~mh~.? St. A~. 2D
Carlisle. PA 17013
Co) Social Security Number:
If you are presently employed, slate
Employer: N/A
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, slate
Date of last employment: N/p~
Salary or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession: N/A
Other self-employment: N/A
Interest: N/A
Dividends:
Pension and annuities: N/A
Social Security benefits: $557/month SSI
Support payments: N/A
Disability payments: N/A
Unemployment compensatiou and
supplemental benefits: N/A
Workman's compensation: N/A
Public Assistance: Food stamps $10/month
Other: N/A
(d) Other contributions to household support
Name: Darry_ 1 Weaver-helm with food exnenses
If employed, state
Employer: N/A
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash: $0
Checking Account: N/A
Savings Account: N/A
Certificates of Deposit: N/A
Real Estate (including home): N/A
Motor vehicle: Make N/A Year
Cost Amount owed~
Stocks; bonds: N/A
Other: N/A
(f) Debts and obligations
Mortgage: ~[/A
Rent: $385
Loans: N/A
Monthly Expenses: Utilities $52: Laundry_ $25: Miscell~-n~,~us expenses $100:
(g) Persons dependent upon you for support
(Wife) (Husband) Name: N/A
Children, if any:
Name: Age:
4. I understand that I have a continuing obligation to inform the court of improvement in my
f'mancial circumstances which would permit me to pay the costs incurred herein.
5. I 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 unswom falsification to
authorities.
Ann McMullen, Defendant
LOUTHER PLACE LIMI-I-~D : IN THE COURT OF COMMON PLEAS OF
PARTNERSHIP, :
Plaintiff :
: CUMBERLAND COUNTY, PENNSYLVANIA
vs. : ~', ~- -~ t ~'0~'
: NO. CIVIL TER_M
ANN' MCMULLEN, :
D~fendant :
1. I, Ann McMullen, am the defendant in the above-captioned action, which is an appeal from a
judgment rendered by District Justice Correai on May 17, 2001, awarding Plaintiff possession of the
apartment in which I reside.
2. My rent for this apartment, located at (~5 West Louther Street, Apartment 2D, Carlisle,
Cumberland County, Pennsylvania is $385.00 per month, and is paid current through May 2001.
3. I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalites of 18 Pa. C.S. 4904, relating to unswom falsification to
authorites.
Ann McMullen, Defendant
NOTICE OF APPEAL
COURT O~ COMMON PLEAS FROM
JUDICIAL mSTIIICT DISTRICT JUSTICE JUDGMENT
COMMON PLEAS N~ (~ I.- ~S ~ 85 ~ TV'T 1'-
NOTICE OF APPEAL
Notice is gli'4fl that Ihe appelk:mt has filed in ~he abov~ Court of Cammofl F~as an appeal from the judgment rendered by the District Justice an the
clat~ and in the case menfiamd belaw.
.~ NG # appellant was CLAIMANT (see Pa. R~,.PJ.P.
=- ._ l O01( 6 ) in action befom District Justice, he MUST
~ ~t,~ ........... '~ ..... FILE A COMPLAINT wiLhin twenb/(20) days afar
i~IILJL¥~I~n~"t F~e'~UI' I~1 ~i~i~g his NOTICE Of APPEAL.
r~-
...........
P!
(Comm~ (20) days after semite of role or suffer)~ry of judgment of nan pm~
(I) You am notified that a mb is hereby entered upon you to file a camp~nt in this appeal wflhin tw~' .(~'Q),I~IXS,~ ~ ~ ~
(2) If yau do not ~4~'a camldaht:.wilhin this fin~e, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST Y~)U. '
(3' The date °f sen'ira °f this rule if servim was bY mail is ~he date °' mailer.~/ 1~ '
/~ ' ,., .~ ·
/
~(]~C 312-84 COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(Th~a proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~' ~-~~1~'/*~1~4~ ;
AFFIDAVIT: I hereby swear or affirm thai I served .~l~',,~ ~
.~"~a copy o! the Notice of Appeal. Common Pleas No. , upon the District Justice cles~gnated thereto on
[] by personal service [~'~'y (cer, titiej)//,.~d) mail. ~ender's
re. ceii)t alts~hed' he,et0, and upon the appellee. ;name) _-/..ee ~'J~ e~, ~l'¢z. ,Z.,'~,~/' ~,~/,'l~'.~,.~ ~ . on
~,;~ ~. _~z/ . ~ ~001 [] by personal service [~y (certified} (~s~fL~) mail. sender's receipt attached hereto,
L~"and further that I served the Rule to File a Cornplainl accompeny=ng the above Notice of Appeal upon the appellee(si to whom
was aclrJressed on ~ ~? ~'"ff' .---~o=IE] b~ persona Serv ce [~y (certified}
the.
Rule
ma~l. sender'S receipI allached hereto
I'HIS ........ DAY Og -- . 10___ . t _' i.
I 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 P.S. Section 4904, relating to
unsworn falsification to authorities.
~hilip C2 Brig~ti
LOUTHER PLACE LIMITED : IN THE COURT OF COMMON PLEAS OF
PARTNERSHIP, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
: NO. 01-3185 CIVILTERM
V.
:
ANN MCMULLEN, :
Defendant : LANDLORD TENANT APPEAL
PETITION FOR RETURN OF MONIES PAID INTO COURT
AND NOW this I t/~' day' of Doccmber, 2001 comes Plaintiff, by and through
its Attorney, Joseph D. Buckley, Esquire, and Petitions the Court as follows:
1. Plaintiff, LOUTHER PLACE LIMITED PARTNERSHIP, is a Pennsylvania
Limited pannership having The Stoven's Housing Corporation of 33 State Street,
Carlisle, PA 17013, as its operating panner.
2. Plaintiffowns properly located at 65 West Louther Street, Carlisle,
Cumberland County, PA 17013 (hereinafter called "The Property").
3. The property consists of 17 individual apamnents and common areas.
4. The aparUne~ts are leased to individuals families by The Steven's Housing
Corporation (hereinafter called "SHC").
5. Defendant ANN MCMULLEN is an adult individual who had resided in
Apartment Number 2D, 65 West Louther Street, Carlisle, PA 17013 and leased
Apartment 2D at the property from Plaintiff.
6. At~er notice and hearing District Justice Paula Correal granted Plaintiff's
request for possession of the aparlment from Defendant and Defendant thereafter
appealed the decision.
7. Pending the appeal on, Piaintiffon June 6, 2001 and again on July 10, 2001
paid her rent of $385.00 per each month to the Prothonotary for rent owing Plaintiff.
8. On August 1, 2001, Defendant vacated the property and has paid monies owing
Plaintifftotaling $770.00 to the Prothonotary.
9. The monies paid into court and being escrowed by the Prothonotary are due
and owing Plaintiff for thc monthly rent owed it by Defendant for June and July of 2001.
WHEREFORE Plaintiffprays this Honorable Court enter an Order directing the
Prothonotary to release the monies it is holding to Plaintiff's counsel of record.
Respectfully submitted,
Attorney for the Plaintiff
ID # 38~.~.~.
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
VERIFICATION
I, Melissa Castro, Director of The Steven's Housing Corporation, operating
partner of the Louther Place Limited Parmership, verify that I have read the foregoing
Petition and to the best of my knowledge, information, and belief, the statements are true
and correct.
I understand that the statements made herein are subject to the provisions and
penalties of 18 Pa. C.S. Section 4904 relating to unswom falsifications to authorities.
LOUTHER PLACE LIMITED PARTNERSHIP
Melissa Castro
Director, The Steven's Housing Corporation
Date;
CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy of the foregoing Petition was
served via first class mail, postage prepaid, to the person and address as follows:
Philip C. Briganti, Esquire
8 Irvine Row
Carlisle, PA 17013
(Attorney for the Defendant)
Attorney for the Pl~itiff
I.D. # 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
LOUTHER PLACE LIMITED : IN THE COURT OF COMMON PLEAS OF
PARTNERSHIP, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
: NO. 01-3185 CIVIL TERM
V.
:
ANN MCMULLEN, :
Defendant : LANDLORD TENANT APPEAL
AND NOW, this"'/~ day of 'x0-~~-- '-~ ,2001, upon review of the
Petition filed by Landlord, Louther Place Limited Partnership, the monies paid imo court
by Defendant, Ann McMullen, for rent due and owing to Petitioner for the months of
June and July 2001, the Prothonotary is hereby directed to pay the sum of Seven Hundred
and Seventy Dollars ($770.00) representing two months rent to counsel for Defendant
Joseph D. Buckley, Esquire.
BY THE COURT
J.
13131912282001 Cumbe~nd. Cgu~y Pr~hoDotary's Office Paae 1
PYS405 ual ~elease Cnec~ Register 12/2~/2001
Escrow Tran Date
Distribution Case No Accounting Amount Date Release
t02 BUCKLEY JOSEPH D Check Date: 12/28/2001 Check No.: 1261
RENT 2001- 03185 PYMT~CHECK 385.00 6~05~2001
RENT 2001- 03185 PYMT/CHECK 385.00 7/10/2001
Payee total: 770.00
Grand total: 770.00