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HomeMy WebLinkAbout11-8005Name: ??- Address: City: 00 r-1 iS I !t , PA Zip: ' Telephone: 1 '? - 5° 7- S 4 r Email: K r.1; 1 /C7Lr S r Plaintiff --? V. J Joseph !-1.5 6y' S_ Defendant 1 p ra .o 2011 OiCT 21 AM 14 ' ' :,,') °iBERL B I t .. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.1 I CV : CIVIL ACTION - LAW PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: Pursuant to Pa.R.C.P. No. 240, 1 hereby certify that I am without financial resources to pay the costs associated with my case, and therefore believe that I am entitled to proceed in forma pauperis. In support of my petition, I have attached to it a certification of indigency and incorporate it herein by reference, a certification which fully and truthfully describes my overall financial condition at the present time. WHEREFORE, the undersigned asks leave of court to proceed in forma pauperis, without the need to pay any costs in connection with the instant action. Respectfully submitted, fob, /it Date Signature of Petitioner Name: J oS f-t> 11 E--s .er J Address: 1'3 5/ 9 C rty.ud, i e + City: re,- r-1 s be, , PA Zip: d Telephone: 5-71 - q Email: ! I OCT 21 AM 11: -2 Lai"; f H6 45.ga 5 : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. I CV Co'-LA/ 6 CIVIL ACTION - LAW Defendant CERTIFICATE OF INDIGENCY 1. 1 am the (Plaintiff/Defendant) in the above matter and because of my financial condition, I 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: J ds A t-f i- J r Address: / Q C> ?c?r1(?? o l`l01 (b) Employment: If you are presently employed, state Employer: I? Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of your last employment: Salary or wages per month: SY)o k r . Type of work: T)1Y `CA 14J, (c) Other income within the past twelve (12) months Business or profession per month: /"4 0 Other self-employment per month: /4 /A Interest per month: Dividends per month: )o Pensions and annuities per month: v}f+%a 'F ,n? ?*- is 009-5, !'irk' _ •poK AO, F i94N ? Social Security benefits per month: . ,4. , e +4- e. Nao 0 m4, Support payments per month: 4M. Disability payments per month: Jvt ??'?,kc 4-73- Unemployment Compensation and supplemental benefits per week: u1A Workers' Compensation per month: Public Assistance per month: Other per month:, (d) Other contributions to household support 4. Wife/Husband Name: 9. / If your wife/husband is employed, state: Employer: Salary or wages per month: Type of work: Contributions from children: IV Contributions from parents: Other contributions: (e) Property owned Cash: Checking account: Savings account: Certificates of deposit: Real estate (including home): Motor vehicle: Make: ear: Cost: Amount O ed: Stocks and bonds: '-/ YO -2. Other: (f) Debts and obligations - average per month Mortgage: Rent: _ h ebb Yh+ . Loans: 44 50 ' -+ -(?r .'#' U) 0-k' Other: (g) Persons dependent upon you for financial support C ?u?-?•: "5 ? ° C) Wife/Husband Name: Children, if any: Name: Age: ?rn. Other persons dependent upon you for financial support (such as parents, grandparents, etc.): Name: .?r, ??vfT 1 Cyr 17Q kC???h- ??1-??? 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 being made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. AAA r? Z? 01 Date Signature of Petitioner COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. l' - ??U J C N ?' 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. rd Mt Lit- ,AVMLLANI ?,._... ` MAG. DIST. NO. NAM OF D.J. \J £J 5 1©h t 7 Q!? J r d Q " .[ " O ?- . (S4'IS' ?4C? k* . ADDRESS OF APPEL NT CITY STATE ZIP CODE DATE OF JUDGMENT 11! HE CASE OF (Plaintiff) (Delendant)' DOCKET 14o. IF SIGNATURE OF APPELLANT OR ATTORN Y OR AGENT M J -oq a0 ra - L I eooo I -doll 9fK'4 ,. This block will be signed ONLY when this notation is required under Pa. If(4ppellant was Claimant (s a. 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. Signature of Prothonotary 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIiPE: To Prothonotary Enter rule upon tOu r pt 1 ?? ?' (?k ry ?0: (-o appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. - b v Q 5" GV., I) within twenty (20) days after service of rule or suffer entry of judgment of non pros. .14. Sig ure of appellant or attorney or agent RULE: To appellee(s) N 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: 41144-J, , 20 // Signature of Prothonotary or 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 - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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 Joseph H Fisher Jr. 1349 Grand View Ct Carlisle, PA 17013 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Joseph H Fisher Jr. Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Disposition Summary Docket No Plaintiff Defendant MJ-09202-LT-0000114-2011 Housing Authority of the County Joseph H Fisher Jr of Cumberland Judgment Summary Notice of Judgment/Transcript Residential Lease Housing Authority of the County of Cumberland V. Joseph H Fisher Jr. Docket No: MJ-09202-LT-0000114-2011 Case Filed: 9/23/2011 Yes No No No Disposition Disposition Date Judgment for Plaintiff 10/11 /2011 Participant Joint/Several Liability Individual Liability Amount Housing Authority of the County of $0.00 $0.00 $0 00 Cumberland . Joseph H Fisher Jr. $0.00 $804.15 $804.15 Judgment Detail (*Post Judgment) In the matter of Housing Authority of the County of Cumberland vs. Joseph H Fisher Jr. on 10/11/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $611.32 $611.32 Costs $0.00 $122.83 $122.83 Attorney Fees $0.00 $70.00 $70.00 Grand Total: $804.15 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 MUJ6 315A Page 1 of 3 Printed: 10/11/2011 2:25:25PM Housing Authority of the County of Cumberland v. Joseph H Fisher Jr. Docket No.: MJ-09202-LT-00001 14-2011 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 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. fc) l( c Date q)-" t & '? , flI,' L___,_ Magisterial District Judge Jessica Brewbaker ?M erla D M ter, ,?? certify at this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Jessica Brewbaker MDJS 315A Page 2 of 3 Printed: 10/1112011 2:25:25PM Housing Authority of the County of Cumberland v. Joseph H Fisher Jr. Participant List Plaintiff(s) Housing Authority of the County of Cumberland 60 W Penn St Carlisle, PA 17013 Defendant(s) Joseph H Fisher Jr. 1349 Grand View Ct Carlisle, PA 17013 Complainant's Attorney(s) Tricia Dills Naylor, Esq. Law Offices Baric Scherer 19 W South St Carlisle, PA 17013 Docket No.: MJ-09202-LT-0000114-2011 MUJS 315A Page 3 of 3 Printed: 10/11/2011 2:25:25PM FAMILY HOUSING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH FISHER, JR., : Defendant NO. 11-8005 CIVIL TERM IN RE: PETITION FOR LEAVE TO APPEAL IN FORMA PAUPERIS ORDER OF COURT AND NOW, this 26th day of October, 2011, upon consideration of Defendant's Petition for Leave To Appeal In Forma Pauperis, the petition is granted and Defendant is hereby authorized to file the appeal from district justice judgment without payment of the filing fee. I'Family Housing 60 West Penn Street Carlisle, PA 17013 Plaintiff ,,--l-oseph H. Fisher, Jr. 1349 Grandview Court Carlisle, PA 17013 Defendant, pro Se 120F &*es, BY THE COURT, i 7 J. )Wesley O er, Jr., . Cn ? i'9 F1LEU-0FF1C[--- -1 TFO 0TAK THE PRO I I OCT 21 AN 10, I U? Y?ANA PROOF OF SERVICE OF NOTICE OFAPPEAL 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 O U r,- t1* , )Q M CSI ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas 'I ? - ?4`?, , upon the District Justice designated therein on (date of service) D 20 1( by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on C-_ 20?_ ,? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) ,FIRMED) AND SUBS RIBED BEFORE E THIS AY OF_ oC;. 20 Signature of official before whom afficit was made Title of offi i My commission expires on -,20 ature of affiant +J hoommewX Cor>rAp Coo M hVC0WAWkebF1"tieft *UMWdP%j"4 COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT AMON PLEAS No. "`mm NOTICE OF APPEAL I DOCKET No. o,vrn, a° - -- .. m Lt n w" This block will be signed ONLY when this notation is required under Pa. If pellant was Claimant (s 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 riling the 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. Signature of Prothonotary 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon V,,, appellee(s), to file a complaint in this appeal l? ? 9a E d+d ? e M4 Name of appegee(s) (Common Pleas No. f:.: ( ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Sig ure of appellant or attorney or agent RULE: To ?-# ? c .t ;A t? W , appellee(s) Na ofappellee(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 nq( fNsa t plauit,within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of s0 01 tFils°nde if-6ervice was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST' *,,IIL.UDE A CI?PY,OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 DATE OF JUDG ENT INS? TpgH?E CASE OF (Plainhl? (Defendant)' r rrnou no srauT Ouere Prothonotag Office offh^Troth~yotnyy 27��"~/�"r/�tn County, - '/' - —'/''_'-- �1/ -~^-�--'-o`—~Q Solicitor gona5 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 PAR.[.P.23O2. BY THE COURT, DAVID D.8UELL